SUMMARY OFFENCES ACT
CHAPTER 11:02
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Act 31 of 1921
Amended by
*See Note on Transfer of Provisions on page 2
*12 of 1920 *6 of 1921 47 of 1921 7 of 1924
29 of 1925 23 of 1936 20 of 1937 14 of 1939 40 of 1945 26 of 1948 13 of 1951 2 of 1953
24 of 1953 7 of 1954
38 of 1954 12 of 1963
31 of 1965 18 of 1970 1 of 1972
27 of 1973 13 of 1979 45 of 1979 3 of 1980
47 of 1980 98/1981
3 of 1994 18 of 1994 17 of 1998 57 of 2000 66 of 2000 85 of 2000
Current Authorised Pages Pages Authorised
(inclusive) by L.R.O. 1–77 ..
(By implication)
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Index of Subsidiary Legislation Page
Declared Districts Order (Proc. 34 of 1931) … … … … 65 Definition of Growing Crops Order (71/1959) … … … … 65 Kite Flying Prohibition Declaration Order (RG 5.9.40) … … … 68 Swine Prohibition (Declaration of Towns) Order (223/1951) … … 68 Definition of Animal Order (170/1956) … … … … 76 Detention of Animals (Scale of Charges) Regulations (230/1947) … … 76 Guide Fees Notification (G. 24.10.46) … … … … 77 Fireworks Permits Regulations (G. 13.1.46) … … … … 77
Note on Transfer of Provisions
1. Ordinances 12 of 1920 and 6 of 1921 were incorporated with Chapter 25 of the 1925 Revised Edition.
2. Sections 67 and 68 of the Summary Offences Ordinance Ch. 4. No. 17 (1950 Ed.) have been transferred to the Public Holidays and Festivals Act (Ch. 19:05).
Note on Adaptation
1. Certain fees in this Chapter were increased by the Commission under paragraph 4 of the Second Schedule to the Law Revision Act (Ch. 3:03). Where this occurs, a marginal reference in the form normally indicating an amendment is made to LN 51/1980 (the Legal Notice by which the President’s approval was signified).
2. Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission amended certain references to public officers in this Chapter. The Minister’s approval of the amendments was signified by LN 52/1980, but no marginal reference is made to this Notice where any such amendment is made in the text.
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CHAPTER 11:02
SUMMARY OFFENCES ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title. 2. Interpretation.
JURISDICTION OF JUSTICES
3. Jurisdiction of Justices.
PART I
GENERAL SUMMARY OFFENCES ASSAULT AND BATTERY
4. Assault and battery. 5. Assault upon children, women and old, infirm, and sickly persons.
Aggravated assaults causing wound or harm. 6. Assaults by masked persons. 7. Where assault unproved or trivial, certificate of dismissal to be bar to
proceedings. 8. Magistrate to abstain from adjudication in certain cases.
Question of title, bankruptcy and execution.
LARCENY, EMBEZZLEMENT, FALSE PRETENCES, AND MALICIOUS INJURIES
9. Larceny, embezzlement, false pretences. 10. Larceny by a bailee. 1l. Larceny in dwelling house. 12. Stealing sugar, rum, cocoa, etc. 13. Stealing goods from vessels. 14. Stealing animals.
14A. Stealing livestock. 15. Unlawful possession of animals or parts thereof. 16. Killing and wounding animals. 17. Killing and wounding pigeons.
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ARRANGEMENT OF SECTIONS—Continued
SECTION 18. Unlawfully taking fish. 19. Stealing and damaging trees. 20. Stealing and destroying fences. 21. Stealing and destroying cultivated plants. 22. Stealing, etc., sugar cane, cocoa, or other tree or vegetable
productions, etc. 23. Stealing agricultural produce. 24. Fraudulent conversion. 25. Damaging property not otherwise provided for. 26. Injuring trees. 27. Unlawful possession of trees or parts of fences. 28. Unlawful possession of farm animal or parts thereof. 29. Corporal punishment may be awarded for stealing, etc., farm animal
or domestic animals. 30. Second offence of stealing or damaging useful plants and
domestic animals. 31. Not necessary to prove malice. 32. Compensation to injured person.
RECEIVING, ETC.
33. Receiving, punishable as stealing. 34. Unlawful possession of property pertaining to ships, etc. 35. Offering for sale property belonging to ships.
STOLEN OR UNLAWFULLY OBTAINED GOODS
36. Arrest of person conveying goods. Liability to account for possession. Escape.
37. Search warrant. Authority for forcible entry. Securing property found. Arrest of persons found in possession. Issue of warrant or summons. Liability to account for possession.
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SECTION
38. Constable may board vessel.
39. Tracing possession.
40. Disposal of unclaimed stolen goods.
ENTERING OR LEAVING CULTIVATED LANDS
41. Being found on, entering or leaving cultivated lands without lawful cause or excuse.
LIMITATION
42. Limitation of time for prosecution in certain cases.
SUPERSTITIOUS DEVICES
43. Intimidation by fraudulent means.
44. Articles used to commit an offence under section 43(1) may be seized.
IDLE AND DISORDERLY PERSONS
45. Who may be deemed idle and disorderly persons. Not supporting wife or child. Begging. Sleeping or loitering. Placarding. Fortune telling.
ROGUES AND VAGABONDS
46. Who may be deemed rogues and vagabonds. Begging by false pretence. Possession of housebreaking implements. Weapons for criminal purpose. Being in enclosed place for unlawful purpose. Being in other places for unlawful purpose. Exposure of defamatory objects. Exhibiting obscene prints. Obscene exposure. Gaming. Prostitutes.
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INCORRIGIBLE ROGUES
47. Who shall be deemed to be incorrigible rogues. 48. Person suspected of being idle and disorderly or a rogue and vagabond,
etc., and harboured, may be apprehended.
VIOLENT LANGUAGE AND BREACH OF THE PEACE
49. Violent or obscene language or disturbance of the peace. 50. Prohibition of offensive conduct conducive to breaches of the peace.
INDECENCY, ETC., IN CERTAIN PLACES
51. Indecency, lewdness and insulting acts in certain places.
DRUNKENNESS OR DISORDERLY CONDUCT IN PLACES OF PUBLIC RESORT
52. Being found drunk in public place. Drunkenness and riotous conduct in certain places.
53. Drunkenness, gambling or disorderly conduct in public houses. 54. Ejectment of disorderly persons from public houses.
PEACE PRESERVATION
55. Power to prohibit certain acts. 56. Power to extinguish torches, and arrest. 57. Penalty on owner for permitting convicted offenders, etc., to assemble. 58. Penalty on owner, etc., permitting convicted offenders, etc., to dance
or gamble. 59. Penalty on convicted offenders, etc., assembling together, dancing or
gambling. 60. Constable may enter premises, etc.
60A. Religious observances, customs or ceremonies. 61. Prima facie proof of knowledge against occupiers. 62. Possession of weapons intended for crime. 63. (Repealed by Act No. 85 of 2000).
ARRANGEMENT OF SECTIONS—Continued
SECTION
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SECTION
OFFENCES IN STREETS AND OTHER PUBLIC PLACES
64. Offences in streets. Offences in regard to animals and vehicles. Slaughtering animals. Forage. Goods on footway. Hanging clothes. Obscene songs. Naked children. Street lamps, bells, knockers. Signboards. Placing materials on street. Hoops. Missiles, bonfires. Obstruction.
65. Offences in streets to the annoyance or danger of residents or passengers.
66. Depositing goods in streets. 67. Obstructions in streets and landing places.
Trailers parked for a period in excess of twenty-four hours. 68. Disposal of goods improperly placed in streets. 69. Throwing stones or other missiles. 70. Public nuisance.
FLYING KITES 71. Flying of kites prohibited in Port-of-Spain and any borough or
proclaimed area. Police may destroy kites. Section not to apply to certain places.
FOULING OF RIVERS, STREAMS AND PONDS
72. Bathing, etc., in Maraval River. 73. Washing clothes in or discharge of noxious matter into stream or pond.
Owner of land not to pollute water flowing into any other land. 74. Recovery and appropriation of penalties.
INCITING DOGS OR OTHER ANIMALS TO ATTACK
75. Inciting animals to attack.
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KEEPING SWINE
76. Keeping swine.
CONFINEMENT OF ANIMALS
77. Owners to confine animals.
CRUELTY TO ANIMALS
78. Interpretation. 79. Cruelty to animals. 80. Working animal unfit for work. 81. Power to arrest. 82. Compensation for damage done by cruelty to animals. 83. Bull-baiting, cock-fighting, and similar offences. 84. Power of entry, arrest, and seizure.
DETENTION OF ANIMALS FOR TREATMENT
85. Animals may be detained for treatment. 86. Such place deemed a pound. 87. Liability for animals detained. 88. Unclaimed animals may be sold or destroyed. 89. Scale of charges.
DESTRUCTION OF ANIMALS
90. Power to order destruction of animal.
SLAUGHTERING OF CATTLE
91. Heifers under three years of age not to be slaughtered.
LICENSING OF CERTAIN TRADES
92. Certain trades to be licensed. Refusing to produce licence. Notice of application for licence.
93. Guide’s licence. 94. Police may oppose application for licences.
SUNDAY EMPLOYMENT OR TRADING GENERALLY
95. Sunday trading.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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SECTION
DISTURBING PLACES OF WORSHIP
96. Disturbing places of worship and molesting officials performing religious functions.
96A. Bringing into contempt, etc., another person’s religion.
NAVY DISCIPLINE
97. Bringing intoxicating liquor to Defence Force ships.
TRINIDAD AND TOBAGO DEFENCE FORCE UNIFORMS
98. Uniforms not to be worn without authority. Bringing contempt on uniform.
FIREWORKS AND FIREARMS
99. Fireworks in towns. 100. Fireworks outside towns. 101. Regulations. 102. Discharging firearms in street.
PUBLICATIONS
103. Warrant to search for obscene publication. 104. Indecent pictures, writings, etc. 105. Penalty provided in respect of publications which do not contain names
of printer and publisher thereof.
TELEPHONES AND TELEGRAMS
106. Misuse of telephone facilities and false telegrams.
PART II
PUBLIC MEETINGS AND PUBLIC MARCHES PRELIMINARY
107. Interpretation of Part II. 108. Exercise of functions of Commissioner.
PUBLIC MEETINGS
109. Holding of public meetings.
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110. Prohibition on public marches and demonstrations at public meetings. 111. Holders of public meetings may be required to call upon meeting to
disperse, etc.
PUBLIC MARCHES AND PROCESSIONS
112. Permit required for public marches. 113. Applications for permits for marches. 114. Grant of permits for marches. 115. Prohibition on holding of public meetings during public marches. 116. Leader of march may be required to call on march to disperse. 117. Saving for political meetings and certain public marches. 118. Prohibition of public meetings and marches in certain circumstances.
118A. Meetings held for other purposes. 119. Forms.
MISCELLANEOUS
120. Restriction on use of loudspeakers. 121. Offence to use loudspeaker contrary to section 120(1) or after
11.00 p.m., except during election campaign. 122. Offence to attempt to break up public meeting. 123. Prohibition of offensive weapons at public meetings and marches. 124. Offence to take part in unauthorised meeting or march. 125. Offence to lead or organise marches.
PART III
PROSECUTION OF OFFENCES 126. Prosecution and recovery of penalties. 127. Special powers of Magistrates in relation to minimum penalties
provided by sections 21, 22, 23 and 41. 128. Defendant to be liable only once. 129. Jurisdiction and powers of High Court and Court of Appeal.
SCHEDULE.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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CHAPTER 11:02
SUMMARY OFFENCES ACT
An Act relating to offences punishable on summary conviction.
[19TH MAY 1921]
1. This Act may be cited as the Summary Offences Act.
2. In this Act— “convicted offender” means any person convicted of an arrestable
offence; “convicted person” means any person convicted, either summarily
or on indictment, otherwise than for an arrestable offence; “Court” or “Summary Court” shall have the meaning assigned to
these terms by section 2 of the Summary Courts Act; “farm animal” includes—
(a) any bison, buffalo, horse, donkey, mule, ox, bull, cow, steer, heifer, calf, ram, ewe, sheep, lamb, goat, kid, hog, sow, pig or swine;
(b) any tool, machinery, equipment or material used in the rearing of animals or in the production of animal products; and
(c) any other animal, tool, machinery, equipment or material which the Ministry may, by Order, direct to be included within this definition;
“fireworks” include bombs, torpedoes, squibs, rockets and serpents;
“goods” means goods, wares or merchandise of any kind whatsoever;
“house” means any dwelling house, store, warehouse, counting house, manufactory, stable or shed; and also includes any building capable of containing goods, wares or merchandise;
1950 Ed. Ch. 4. No. 17. 31 of 1921.
Commencement.
Short title.
Interpretation. [45 of 1979 57 of 2000 85 of 2000].
Ch. 4:20.
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“livestock” includes any farm animal or poultry or the carcass, head, skin or any other part or product thereof;
“occupier” means any person in actual occupation of the whole or any part of any house, building, yard or other place;
“owner” means the person for the time being receiving or entitled to receive the rents of any house, building, yard, or other place, or his agent, and includes joint tenants and tenants in common;
“poultry” includes any fowl, chicken, turkey, duck, goose or other bird and the eggs, feathers or product from any such bird;
“prison” includes any lock-up house, cell or other duly authorised place of detention;
“property” includes any description of real and personal property, money, debts and legacies, and all Deeds and instruments relating to or evidencing the title or right to any property or giving a right to recover or receive any money or goods; and includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which the same has been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise;
“shop” means any shop, store, house, room, shed or booth used, wholly or in part, temporarily or otherwise, for the purpose of selling therein any goods;
“street” includes any road, square, court, alley, lane, wharf, jetty, quay, bridge, footway, thoroughfare, public passage or highway, and any public place, and the waters of any harbour in Trinidad and Tobago;
“valuable security” includes any writing entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund, or debt of any Commonwealth country or of any foreign State, or in any stock, annuity, fund, or debt of any body corporate, company, or society, whether within or without any Commonwealth country, or to any deposit in any bank; and also includes any scrip, debenture, bill, note, warrant, order or other security for payment of money, or
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any accountable receipt, release, or discharge, or any receipt or other instrument evidencing the payment of money or the delivery of any chattel personal, and any document of title to lands or goods as defined above;
“vehicle” includes wagons, carts, and carriages of every description on wheels, sledges, trucks, barrows and all other machines for the portage of goods or persons.
JURISDICTION OF JUSTICES
3. Subject to section 6 of the Summary Courts Act, a Justice shall have jurisdiction to hear and determine any offence under this Act where the penalty prescribed for such offence does not exceed a fine of two hundred dollars or imprisonment for one month, and also offences cognisable under the following sections, namely, 34, 35, 46, 51 to 56 inclusive, 62, 63, 64, 75, 78, 79, 80, 82, 89 and 91.
PART I
GENERAL SUMMARY OFFENCES
ASSAULT AND BATTERY
4. Every person who unlawfully assaults or beats any other person, upon complaint by or on behalf of the party aggrieved, is liable to a fine of four hundred dollars or to imprisonment for three months.
5. (1) When any person is charged before a Magistrate with assault or battery upon any male child whose age does not, in the opinion of the Magistrate, exceed eighteen years, or upon any female, or upon any old, infirm or sickly person, the Magistrate, if the assault or battery is of such an aggravated nature that it cannot in his opinion be sufficiently punished under section 4 may proceed to hear and determine the same, and such person is liable to imprisonment for six months.
(2) Any person who unlawfully assaults or beats any other person thereby occasioning any wound or actual bodily harm is liable to imprisonment for six months.
Jurisdiction of Justices. [45 of 1979]. Ch. 4:20.
Assault and battery.
Assault upon children, women and old, infirm, and sickly persons. [66 of 2000].
Aggravated assaults causing wound or harm.
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6. Any person who, being masked or otherwise disguised, unlawfully assaults or beats any other person is liable to imprisonment for twelve months.
7. If the Magistrate, upon the hearing of any case of assault or battery upon the merits where the complaint was laid by or on behalf of the person aggrieved, considers the offence not to be proved, or finds the assault or battery to have been justified, or so trifling as not to merit punishment, and accordingly dismisses the complaint, he shall forthwith give to the defendant a certificate of the dismissal, and such certificate shall release the defendant from all other proceedings, civil or criminal, for the same cause.
8. In case the Magistrate finds the assault or battery complained of to have been accompanied by any attempt to commit an arrestable offence or is of opinion that it is from any other circumstances a fit subject for prosecution by indictment, he shall abstain from any adjudication upon the case and shall deal with the case in all respects in the same manner as if he had no authority finally to hear and determine it. Nothing in this section, however, shall authorise any Magistrate to hear and determine a case in which any question shall bona fide arise as to the title to land or any interest in or accruing from land, or as to any bankruptcy, or any execution under the process of a Court of Justice.
LARCENY, EMBEZZLEMENT, FALSE PRETENCES, AND MALICIOUS INJURIES
9. Any person who is guilty of the larceny or the attempt to commit the larceny of any chattel, money, or valuable security, such larceny not being accompanied by burglary or housebreaking, menace or threat, nor amounting to robbery with violence, or who embezzles, or by any false pretence obtains or attempts to obtain from any other person with intent to defraud, any chattel, money, or valuable security, where such chattel, money or valuable security does not in any case exceed the value of two thousand dollars, is liable to a fine of three thousand dollars or to imprisonment for six months.
Assaults by masked persons.
Where assault unproved or trivial, certificate of dismissal to be bar to proceedings.
Magistrate to abstain from adjudication in certain cases. [45 of 1979].
Question of title, bankruptcy and execution.
Larceny, embezzlement, false pretences. [3 of 1980].
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10. Any person who, being a bailee of any chattel, money, or valuable security not exceeding in value two thousand dollars, fraudulently takes or converts the same to his own use or to the use of any person other than the owner thereof, although he does not break bulk, or otherwise determine the bailment, shall be deemed to have stolen the same and may be convicted and punished accordingly.
11. Any person who steals or attempts to steal in any dwelling house any chattel, money, or valuable security not exceeding in value two thousand dollars, such stealing not being accompanied by burglary or housebreaking, menace or threat, nor amounting to robbery with violence, is liable to a fine of three thousand dollars or to imprisonment for six months.
12. Any person who steals or attempts to steal any sugar, rum, sling, syrup or molasses, being in any boiling house or curing house or in any store or warehouse, or being in any cask or package in the neighbourhood of such boiling house, curing house, store or warehouse, or any cocoa or coffee or coffee berries from any cocoa house or coffee house or any other place on any plantation or estate where the same is placed for the purpose of being dried or cured, or in any store or warehouse or from any sack, bag, cask or package placed in the neighbourhood thereof, not exceeding in value two thousand dollars, is liable to a fine of three thousand dollars or to imprisonment for six months.
13. Any person who steals or attempts to steal any goods, not exceeding two thousand dollars in value, in any vessel, barge, flat or boat of any description whatsoever, being at anchor within the Gulf of Paria or in any of the waters surrounding Trinidad and Tobago, or bound to or from any part of the coast of Trinidad and Tobago, from or to any other part of the coast of Trinidad and Tobago, or being in any port or usual place of discharge, or upon any navigable river or canal, or in any creek belonging to or communicating with any such port, place of discharge, river or canal, or who steals or attempts to steal any goods from any dock, wharf, embarcadere or quay adjacent to any such port, place of discharge, river, canal or creek, is liable to a fine of three thousand dollars or to imprisonment for six months.
Larceny by a bailee. [45 of 1979 3 of 1980].
Larceny in dwelling house. [3 of 1980].
Stealing sugar, rum, cocoa, etc. [3 of 1980].
Stealing goods from vessels. [3 of 1980].
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14. Any person who steals any dog or who steals any bird, beast or other animal ordinarily kept in a state of confinement or for any domestic purpose, not being the subject of larceny at Common Law, is liable, on first conviction to a fine of two hundred dollars, in addition to the value of the stolen dog, bird, beast or other animal or to imprisonment for three months and on any subsequent conviction to imprisonment for six months.
14A. Any person who steals any livestock is liable— (a) on first conviction, to a fine of not less than
two thousand dollars and not more than twenty- five thousand dollars and to imprisonment for a term of not less than one year and not more than five years; and
(b) on a subsequent conviction, to a fine of not less than five thousand dollars and not more than thirty thousand dollars and to imprisonment for a term of not less than twoyearsandnotmore thansevenyears.
15. If any such bird or any of the plumage thereof, or any such dog or beast or the skin thereof, of any such animal or any part thereof is found in the possession or on the premises of any person, any Justice may restore the same respectively to the owner thereof; and any person in whose possession such bird or the plumage thereof, or such dog or beast or the skin thereof, or such animal or any part thereof is found, such person knowing that the bird, dog, beast, or animal has been stolen, or that the plumage is the plumage of a stolen bird, or that the skin is the skin of a stolen dog or beast, or that the part is a part of a stolen animal, is liable on first conviction to such fine, and on any subsequent conviction to such punishment, as any person convicted under section 14 is liable.
16. Any person who unlawfully and maliciously kills, maims, or wounds any dog, bird, beast or other animal, not being cattle but being either the subject of larceny at Common Law or ordinarily kept in a state of confinement or for any domestic purpose, is liable on first conviction to a fine of one thousand dollars over and above the amount of the injury done or to imprisonment for three months and on any subsequent conviction to imprisonment for six months.
Stealing animals.
Stealing livestock. [57 of 2000].
Unlawful possession of animals or parts thereof.
Killing and wounding animals.
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17. Any person who unlawfully and wilfully kills, wounds, or takes any house-dove or pigeon, under circumstances which do not constitute larceny at Common Law, is liable to a fine of one hundred dollars in addition to the value of the bird or to imprisonment for one month.
18. Any person who unlawfully and wilfully takes and destroys any fish in any water which is private property is liable to a fine of one hundred dollars in addition to the value of the fish taken or destroyed.
19. Any person who steals, or unlawfully and maliciously roots up, destroys or damages the whole or part of any tree, sapling, shrub or underwood, wheresoever growing, the value thereof or the damage done being to the amount of one dollar at the least, is liable on first conviction to a fine of two hundred dollars in addition to the value of the property stolen or the amount of the injury done and on any subsequent conviction to imprisonment for four months.
20. Any person who steals or unlawfully and maliciously destroys or damages any part of any live or dead fence whatsoever, or any iron or wooden post, pale, rail, or wire used as a fence, or any stile or gate, or any part thereof respectively, is liable on first conviction to a fine of two hundred dollars in addition to the value of the property stolen or the amount of the injury done and on any subsequent conviction to imprisonment for six months.
*21. Any person who steals or unlawfully and maliciously roots up, destroys or damages any plant, root, fruit or vegetable production growing in any garden, orchard, nursery ground, greenhouse or conservatory, is, subject to section 127, liable on first conviction to a fine of not less than one hundred dollars and not more than two thousand dollars, in addition to the value of the property stolen or the amount of the injury done, or to imprisonment for not less than one month and not more than six months and on any subsequent conviction to imprisonment for not less than one month and not more than one year.
*See Note on page 18.
Killing and wounding pigeons.
Unlawfully taking fish.
Stealing and damaging trees. [45 of 1979 51/1980].
Stealing and destroying fences.
Stealing and destroying cultivated plants. [24 of 1953].
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*22. Any person who steals, or destroys or damages or cuts or plucks with intent to steal, any sugar cane, cocoa tree, coconut tree, lime tree, rubber tree, or coffee tree, or any fruit, vegetable, or other praedial production, or any cultivated root or plant used or capable of being used for the food of man or beast or for medicine, distilling, or dyeing, or in the course of any manufacture, whatever the value of the article stolen may be, and whether the land on which the same is at the time growing or in course of cultivation be opened or enclosed, is, subject to section 127, liable on first conviction to a fine of not less than one hundred dollars and not more than two thousand dollars or to imprisonment for not less than one month and not more than six months and on any subsequent conviction to imprisonment for not less than one month and not more than one year.
*23. (1) Any person who— (a) steals; (b) destroys, damages, cuts or plucks; or (c) destroys, damages, cuts or plucks with intent to steal,
any agricultural produce is liable— (i) on first conviction, to a fine of not less than
two thousand dollars and not more than twenty-five thousand dollars and to imprisonment for a term of not less than one year and not more than five years; and
(ii) on a subsequent conviction, to a fine of not less than five thousand dollars and not more than thirty thousand dollars and to imprisonment for a term of not less than two years and not more than seven years.
*Section 7 of Ordinance No. 24 of 1953 provided that the new penalties inserted in sections 21, 22, 23 and 41 applied only to offences committed after the commencement of that Ordinance (that is, 31st December 1953) and that the new penalties in respect of “subsequent convictions” applied only where both the subsequent offence and the previous offence were committed after the commencement of that Ordinance.
Stealing, etc., sugar cane, cocoa, or other tree or vegetable productions, etc. [24 of 1953 98/1981].
Stealing agricultural produce. [57 of 2000].
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UPDATED TO JUNE 30TH 2013
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 19
(2) Any person who attempts to commit any of the offences mentioned in subsection (1) is liable to the same punishment as if he had committed any such offence.
(3) In this section “agricultural produce” includes— (a) all root crops, plants, grasses, pulses, vegetables,
cereals, fruit and fibres; (b) all planting material, seeds, herbicides, pesticides
and fertilisers; (c) all fish and other aquatic life; (d) all agricultural, forest and aquatic products, tools,
machinery, equipment and materials; and (e) any other crop, plant, grass, pulse, vegetable,
cereal, fruit, fibre, material, seed, herbicide, pesticide, fertiliser, product, tool, machinery, equipment or material used in agricultural production,
whatever the value of the produce stolen may be and whether the land on which the same is at the time growing, being cultivated or situated, is open or enclosed.
24. Any person who— (a) being entrusted either solely or jointly with any
other person with any chattel, money or valuable security, in order that he may retain in safe custody or apply, pay or deliver, for any purpose or to any person, the chattel, money or valuable security or any part thereof or any proceeds thereof; or
(b) having either solely or jointly with any other person received any chattel, money or valuable security for or on account of any other person; or
(c) having contracted with any other person to make anything or execute any work, obtains from that other person any money to be laid out in providing materials, tools or other things necessary or suitable for the making of the thing or the execution of the work,
Fraudulent conversion. [3 of 1980 51/1980].
UNOFFICIAL VERSION
UPDATED TO JUNE 30TH 2013
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
20 Chap. 11:02 Summary Offences
fraudulently converts to his own use or benefit, or the use or benefit of any other person, such chattel, money or valuable security or any part thereof or any proceeds thereof, the chattel, money or valuable security or the part or proceeds so fraudulently converted being less than two thousand dollars in value, is liable to imprisonment for six months; and such person may also be ordered to pay to the party aggrieved a sum not exceeding two thousand dollars by way of compensation.
25. (1) Any person who wilfully or maliciously commits any damage to any real or personal property whatsoever, either of a public or private nature, for which no punishment is otherwise provided, is liable—
(a) if the amount of the damage is fifty dollars or less, to a fine of two hundred dollars, or to imprisonment for one month;
(b) if the amount of the damage exceeds fifty dollars and does not exceed two hundred dollars to a fine of one thousand dollars, or to imprisonment for three months;
(c) if the amount of the damage exceeds two hundred dollars and does not exceed one thousand dollars, to a fine of two thousand dollars or to imprisonment for four months,
and in any such case to the payment of such further amount as appears to the Magistrate to be reasonable compensation for the damage so committed.
(2) This provision shall not apply where the alleged offender acted under a fair and reasonable supposition that he had a right to do the act complained of.
26. Section 25 extends to any person who wilfully or maliciously commits any injury to any tree, sapling, shrub, or underwood for which no punishment is provided above.
Damaging property not otherwise provided for. [45 of 1979].
Injuring trees.
UNOFFICIAL VERSION
UPDATED TO JUNE 30TH 2013
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 21
27. Where the whole or any part of any tree, sapling or shrub, or any underwood, or any part of any fence, or any post, pale, wire, rail, stile or gate, or any part thereof, being of the value of one dollar at the least, is found in the possession or on the premises of any person with his knowledge, and such person does not satisfy the Magistrate or Justice before whom he is brought that he came lawfully thereby, he is, in addition to the value of the article or articles so found, liable on first conviction to a fine of one hundred dollars, and on any subsequent conviction to imprisonment for four months.
28. Where any farm animal or the carcase, head, skin or any part thereof, is found in the possession or on the premises of any person, and such person does not satisfy the Magistrate or Justice before whom he is brought that he came lawfully by such animal, or the carcase, head, skin, or any part thereof, he is liable on first conviction to a fine of ten thousand dollars and on any subsequent conviction to imprisonment for two years.
29. If any person is convicted under this Act of stealing or wilfully receiving, knowing the same to have been stolen, any farm animal or of stealing or wilfully receiving, knowing the same to have been stolen, any animal ordinarily kept in a state of confinement or for any domestic purpose, or any animal ordinarily used for human food, the convicting Magistrate or Justice may, in addition to any other punishment imposed by law for such offence and subject to the provisions of the Corporal Punishment (Offenders over Eighteen) Act, sentence the offender to undergo corporal punishment.
30. If any person, having been convicted before the High Court or any Magistrate of stealing or unlawfully and maliciously destroying or damaging any sugar cane, cocoa tree, or coffee tree, or any cultivated root or plant used for the food of man or beast, or for medicine, or for dyeing or distilling, or for or in the course of any manufacture, and growing in any land, whether open or enclosed, afterwards commits any of the said offences, and is convicted thereof before any Magistrate,
Unlawful possession of trees or parts of fences. [45 of 1979].
Unlawful possession of farm animal or parts thereof. [18 of 1970 57 of 2000].
Corporal punishment may be awarded for stealing, etc., farm animal or domestic animals. [57 of 2000].
Ch. 13:04.
Second offence of stealing or damaging useful plants and domestic animals.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
22 Chap. 11:02 Summary Offences
such Magistrate may, in addition to any other punishment imposed by law for such offence, and subject to the provisions of the Corporal Punishment (Offenders over Eighteen) Act, sentence the offender to undergo corporal punishment.
31. Inanyprosecution formaliciouslydestroyingordamagingany property, it shall not be necessary to prove malice against the owner.
32. Every sum of money adjudged to be paid as the value of any property stolen or taken, or the amount of the injury done, which is assessed by the convicting Magistrate or Justice, shall be paid to the party aggrieved, if known, but if unknown it shall be applied in the same manner as any penalty; but when several persons are convicted for the same offence, and each is adjudged to pay the value of the property stolen or taken or the amount of the injury done, the party aggrieved shall receive only one such sum, and the residue shall be applied in the same manner as any penalty.
RECEIVING, ETC.
33. (1) Any person who receives any property knowing the same to have been stolen or obtained in any way whatsoever under circumstances punishable under this Act, is liable to be punished in the same manner as a person guilty of such offence under this Act.
(2) Every such person may be charged whether the principal offender has or has not been previously convicted or is or is not amenable to justice.
(3) In any proceeding for receiving under this Act any number of persons who have at different times so received such property or any part thereof may be charged or tried together.
34. If property of any kind belonging to or forming part of the cargo of a vessel in distress, or wrecked, stranded, or cast on shore, or belonging to any of the officers, crew, or passengers of such vessel, is found in the possession or on the premises of any person with his knowledge, and such person does not satisfy the Magistrate or Justice before whom he is brought that he came lawfully by the same, he is liable to a fine of ten thousand dollars.
Ch. 13:04.
Not necessary to prove malice.
Compensation to injured person.
Receiving, punishable as stealing.
Unlawful possession of property pertaining to ships, etc. [3 of 1980].
UNOFFICIAL VERSION
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 23
35. If any person offers or exposes for sale property of any kind which has been unlawfully taken, or is reasonably suspected so to have been taken, from any vessel in distress, or wrecked, or stranded, or cast on shore, in every such case any person to whom such property is offered for sale, or any officer of Customs or constable, may lawfully seize the property, and shall, with all convenient speed, carry it or give notice of its seizure to a Magistrate or Justice. If the person who has offered or exposed the property for sale, being summoned by such Magistrate or Justice, does not appear and satisfy the Magistrate or Justice that he came by it lawfully, then the property shall, by order of the Magistrate or Justice, be forthwith delivered over to or for the use of the rightful owner, upon payment of a reasonable reward (to be ascertained by the Magistrate or Justice) to the person who seized it; and the offender is liable on first conviction to a fine of ten thousand dollars, and on any subsequent conviction to imprisonment for two years.
STOLEN OR UNLAWFULLY OBTAINED GOODS
36. (1) A constable may arrest without warrant any person having in his possession or under his control in any manner or in any place anything which the constable has reasonable cause to suspect has been stolen or unlawfully obtained.
(2) The constable shall bring such person and thing before a Magistrate as soon as possible, and if such person does not, within a reasonable time to be assigned by the Magistrate, give an account to the satisfaction of the Magistrate by what lawful means he came by the same, he is liable to a fine of ten thousand dollars or to imprisonment for two years.
(3) Where a person liable to arrest under subsection (1) escapes from any constable attempting to arrest him, or lets fall or throws away any such thing as is mentioned in that subsection, a Magistrate or Justice may, upon application, issue his warrant for the arrest of such person, and upon his arrest such person shall be deemed to have been arrested within the meaning of the said subsection, and may be dealt with in the manner laid down in subsection (2).
Offering for sale property belonging to ships. [3 of 1980].
Arrest of person conveying goods. [3 of 1980].
Liability to account for possession.
Escape.
UNOFFICIAL VERSION
UPDATED TO JUNE 30TH 2013
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LAWS OF TRINIDAD AND TOBAGO
24 Chap. 11:02 Summary Offences
37. (1) If information is given on oath to a Magistrate or Justice that there is reasonable cause for suspecting that anything stolen or unlawfully obtained is concealed or lodged in any house, store, yard, or other place, or on any land whether enclosed or not, or in any vessel, such Magistrate or Justice may, by warrant under his hand directed to any constable, cause any such house, store, yard or other place, or any such land, or any such vessel, to be entered and searched at any time of the day, or by night, if power for that purpose be given by such warrant.
(2) The Magistrate or Justice may, by such warrant, if it appears necessary to him, give authority to the constable, with such assistance as may be found necessary, to use force for the effecting of such entry, whether by breaking open doors or otherwise. However, before using force for these purposes, the constable shall make known his authority as mentioned above.
(3) If upon search made as provided above, anything so stolen or unlawfully obtained, or any other thing which there is reasonable cause to suspect to have been stolen, or unlawfully obtained, is found, the constable shall take such thing before a Magistrate, or guard it on the spot or in some place of security subject to the orders of a Magistrate.
(4) (a) The constable shall apprehend and bring before a Magistrate the person or persons in whose house, store, yard, place, or vessel anything as mentioned above is found, and also any other person found in the house, store, yard, place or vessel, if the constable has reasonable cause to suspect such person to have been privy to the concealment or lodging.
(b) Where the constable fails or is, for any reason whatsoever, unable to arrest any such person as is mentioned above, a Magistrate or Justice may issue his warrant for the arrest of that person, or a summons requiring him to appear before a Magistrate at a time and place to be mentioned in the summons.
(5) A Magistrate may call upon any such person as is mentioned in subsection (4) to give an account, to the satisfaction of the Magistrate, by what lawful means any such thing as mentioned above came to be in such place, or that he was not privy to such concealment or lodging, and any person who fails to so satisfy the Magistrate is liable to a fine of ten thousand dollars or to imprisonment for two years.
Search warrant. [3 of 1980].
Authority for forcible entry.
Securing property found.
Arrest of persons found in possession.
Issue of warrant or summons.
Liability to account for possession.
UNOFFICIAL VERSION
UPDATED TO JUNE 30TH 2013
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 25
38. (1) Any constable may enter on board any vessel in any harbour, bay, roadstead or river, and remain on board such vessel for such reasonable time as he thinks expedient, and if he has reasonable ground to suspect that there is on board the vessel anything stolen or unlawfully obtained, he may search, with any assistants, any part of the vessel, and, after demand and refusal of the keys, break open any receptacle, and, upon discovery of anything which he may reasonably suspect to have been stolen or unlawfully obtained, take such thing and the person in whose possession it is found before a Magistrate to be dealt with as provided above.
(2) Any such constable may pursue and detain any person in the act of conveying any such thing away from any such vessel, whether he has landed or not, together with anything so conveyed away or found in his possession.
39. (1) Where a person brought or appearing before a Magistrate under sections 36, 37 and 38 declares that he received any such thing as mentioned therein from some other person, or that he was employed as a carrier, agent or servant to convey such thing for some other person, the Magistrate may cause every such other person, and also any other person through whose possession any such thing has previously passed, to be brought before him.
(2) Where any such person as is mentioned in subsection (1) is brought before him, the Magistrate may examine him as to whether he has been in possession of any such thing, and upon his admitting such possession, or upon its being proved to the satisfaction of the Magistrate that such person has been in possession of such thing, the Magistrate may call upon the person to give an account to the satisfaction of the Magistrate by what lawful means such person came by such thing, and if such person fails, within a reasonable time to be assigned by such Magistrate, to give such account, he shall be liable to a fine of ten thousand dollars, or to imprisonment for two years.
(3) For the purposes of this section, the possession of a carrier, agent, or servant is deemed to be the possession of the person who has employed the carrier, agent, or servant to convey the thing.
Constable may board vessel.
Tracing possession. [3 of 1980].
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
26 Chap. 11:02 Summary Offences
40. Where any person is convicted under this Act of having received any goods knowing the same to have been stolen, the Magistrate or Justice before whom the conviction has taken place may, if no person proves his right to the goods, cause the goods to be publicly advertised for sale, and the goods shall be sold to the highest bidder at public auction within thirty days from the date of the advertisement or forthwith if the goods are of a perishable nature and the proceeds of the sale shall be paid to the Comptroller of Accounts for the use of the State.
ENTERING OR LEAVING CULTIVATED LANDS
*41. (1) Any person found on cultivated lands, or on any lands on which livestock or farm animal are reared or kept, or entering or leaving such lands, unless he proves that he has some lawful cause or excuse or the permission of the occupier of the lands for being where he was found, is, subject to section 127, liable to a fine of not less than two thousand dollars and not more than ten thousand dollars and to imprisonment for not less than one year and not more than five years.
(2) Any constable, or the occupier of any cultivated lands or of any lands on which livestock or farm animal are reared or kept or his servants may, without warrant, arrest any person found on, or entering or leaving such lands if there is reasonable cause for such constable or occupier or servant to suspect that such person is where he is found without any lawful cause or excuse or the permission of the occupier of such lands. Any person arrested otherwise than by a constable shall be handed over to a constable as soon as possible and shall thereafter be dealt with as if he had been arrested by a constable.
(3) In this section “cultivated lands” means lands on which any article of agricultural produce is cultivated, grown or stored and “article of agricultural produce” means any crop, plant, grass, pulse, vegetable, cereal, fruit, fibre, material, seed, herbicide, pesticide, fertiliser, fish or other aquatic life, tool, machinery, equipment, material or product falling within the definition of
Disposal of unclaimed stolen goods.
Being found on, entering or leaving cultivated lands without lawful cause or excuse. [24 of 1953 57 of 2000].
*See Note on page 18.
UNOFFICIAL VERSION
UPDATED TO JUNE 30TH 2013
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 27
agricultural produce given in section 23, and includes any other crop, plant, grass, pulse, vegetable, cereal, fruit, fibre, material, seed, herbicide, pesticide, fertiliser, fish or other aquatic life, tool, machinery, equipment, material which is a product of agriculture or which is used in agricultural production.
LIMITATION
42. All cases punishable under this Act of— (a) larceny or stealing; (b) attempting to commit larceny, or attempting to
steal; (c) aiding or abetting or counselling or procuring the
commission of larceny or of stealing; (d) receiving any chattel or money or valuable
security knowing it to have been stolen or otherwise unlawfully come by or obtained;
(e) fraudulent conversion; (f) embezzling or obtaining or attempting to obtain
under false pretences any chattel or money or valuable security with intent to defraud,
may be prosecuted at any time within twelve months after the commission of the offence.
SUPERSTITIOUS DEVICES
43. (1) Any person who, by any fraudulent means, intimidates or attempts to intimidate any person, obtains or endeavours to obtain any chattel, money or valuable security from any other person, or pretends to discover any treasure or any lost or stolen goods, or the person who stole the same, or to inflict any disease, loss, damage or personal injury to or upon any other person, or to restore any other person to health, and any person who procures, counsels, induces, or persuades or endeavours to persuade any other person to commit any such offence, is liable to imprisonment for six months.
(2) (Repealed by Act No. 85 of 2000).
Limitation of time for prosecution in certain cases.
Intimidation by fraudulent means. [85 of 2000].
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28 Chap. 11:02 Summary Offences
44. Where it is shown, upon the oath of a credible witness that there is reasonable cause to suspect that any person is in possession of any article or thing used to commit an offence under section 43(1), any Justice may, by warrant under his hand, cause any place whatsoever belonging to or under the control of such person to be searched, either in the day or in the night, and, if any such article is found in any place so searched, cause it to be seized and brought before him or some other Justice, who shall cause it to be secured for the purpose of being produced in evidence in any case in which it may be required.
IDLE AND DISORDERLY PERSONS
45. A person committing any of the offences mentioned below in this section may be deemed an idle and disorderly person, and shall be liable to a fine of two hundred dollars, or to imprisonment for one month—
(a) any person who, being able by labour or other lawful means to maintain himself or his wife or child, where such wife or child is without other means of support, refuses or neglects to do so;
(b) any person wandering abroad or placing himself in any street to beg or gather alms, or causing or procuring or encouraging any child to do so;
(c) any person found sleeping or loitering in or under any building, including any open outhouse, verandah, gallery, passage, or gateway, or in any vehicle or vessel, without leave of the owner, occupier or person in charge thereof, or on or under any wharf, quay, jetty, bridge, footway, or in any street or other public place, and not giving a good account of himself;
(d) any person who, without leave of the owner or occupier, affixes any placard or notice upon any building, wall, pillar, post, or fence, or otherwise defaces the same;
(e) any person pretending or professing to tell fortunes.
Articles used to commit an offence under section 43(1) may be seized. [85 of 2000].
Who may be deemed idle and disorderly persons.
Not supporting wife or child.
Begging.
Sleeping or loitering.
Placarding.
Fortune telling.
UNOFFICIAL VERSION
UPDATED TO JUNE 30TH 2013
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 29
ROGUES AND VAGABONDS
46. A person convicted a second time of being an idle and disorderly person, and a person apprehended as an idle and disorderly person violently resisting any constable apprehending him and who is subsequently convicted of the offence for which he was apprehended, and a person who commits any of the offences mentioned below in this section, may be deemed a rogue and vagabond, and shall be liable to imprisonment for two months—
(a) any person procuring or endeavouring to procure alms or charitable contributions for himself or others under any false or fraudulent pretence;
(b) any person having in his custody or possession any implement which there is reasonable cause to believe is intended for the purpose of unlawfully breaking into any building; and every such implement shall, on the conviction of the offender, be forfeited;
(c) any person armed with, or having upon him, any weapon or instrument which there is reasonable cause to believe is intended for the purpose of committing any indictable offence; and every such weapon and instrument shall, on the conviction of the offender, be forfeited;
(d) any person found in any verandah, gallery, passage, gateway, dwelling house, warehouse, store, stable, outhouse, or other building, or in any yard, garden, or other enclosed land, for any unlawful purpose;
(e) any person found in or about any market, wharf, or jetty, or in or about any vessel, for any unlawful purpose;
(f) any person who exposes in any public place or in view thereof any defamatory or insulting writing or object;
(g) any person who offers for sale or distribution or who exhibits to public view, any profane, indecent, or obscene book, paper, print, drawing, painting, or representation;
Who may be deemed rogues and vagabonds. [45 of 1979].
Begging by false pretence.
Possession of housebreaking implements.
Weapons for criminal purpose.
Being in enclosed place for unlawful purpose.
Being in other places for unlawful purpose.
Exposure of defamatory objects.
Exhibiting obscene prints.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
30 Chap. 11:02 Summary Offences
(h) any person wilfully and obscenely exposing his person;
(i) any person playing or betting in any open and public place at any game or pretended game of chance or with any instrument of gaming;
(j) any woman loitering about and soliciting passers-by for the purpose of prostitution.
INCORRIGIBLE ROGUES
47. Any person committing an offence against this Act which subjects him to be dealt with as a rogue and vagabond, such person having been previously convicted as such, and any person apprehended as a rogue and vagabond and violently resisting any constable apprehending him and who is subsequently convicted of the offence for which he was apprehended, and any person who breaks or escapes out of any place of lawful confinement before the expiration of the term for which he was committed under this Act, shall be deemed to be an incorrigible rogue, and shall be liable to imprisonment for six months.
48. Any Justice, upon information on oath that any person reasonably suspected to be an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, is or is reasonably suspected to be harboured or concealed in any house or place, may, by warrant, authorise any constable to enter at any time into such house or place, and to apprehend and bring him before some Magistrate to be dealt with according to law.
VIOLENT LANGUAGE AND BREACH OF THE PEACE
49. Any person making use of any insulting, annoying or violent language with intent to, or which might tend to, provoke any other person to commit a breach of the peace, and any person who uses any obscene, indecent or profane language to the annoyance of any resident or person in any street or of any person in a place to which the public is admitted or has access, or who fights or otherwise disturbs the peace, is liable to a fine of two hundred dollars or to imprisonment for thirty days.
Obscene exposure.
Gaming.
Prostitutes.
Who shall be deemed to be incorrigible rogues.
Person suspected of being idle and disorderly or a rogue and vagabond, etc., and harboured, may be apprehended.
Violent or obscene language or disturbance of the peace.
UNOFFICIAL VERSION
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 31
50. A person who at a public meeting or during the course of a public march (as those expressions are defined by section 107)—
(a) uses threatening, abusive or insulting words or behaviour; or
(b) distributes or displays any writing, sign or visible representation which is threatening, abusive or insulting,
whereby a breach of the peace is likely to be occasioned, is liable to a fine of one thousand dollars or to imprisonment for six months.
INDECENCY, ETC., IN CERTAIN PLACES
51. Any person who, during the presentation or performance of any stage play or concert or other dramatic or musical entertainment, or of any other form of entertainment whatsoever, or the holding of any dance, in any building or place to which the public is admitted or has access—
(a) is indecently attired; (b) performs any lewd or suggestive dancing or
actions; (c) in any play, song, ballad or speech, uses language,
or makes use of any recording, which is profane, indecent or obscene, or which is insulting to any individual or section of the community whether referred to by name or otherwise;
(d) acts in a manner calculated to hold up to public ridicule or contempt any individual or section of the community,
is liable to a fine of four hundred dollars.
DRUNKENNESS OR DISORDERLY CONDUCT IN PLACES OF PUBLIC RESORT
52. (1) Any person found drunk in any street or other public place, whether a building or not, is liable to a fine of one hundred dollars.
Prohibition of offensive conduct conducive to breaches of the peace. [1 of 1972].
Indecency, lewdness and insulting acts in certain places. [38 of 1954].
Being found drunk in public place.
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32 Chap. 11:02 Summary Offences
(2) Any person who, in any street or other public place, whether a building or not, is drunk and disorderly, or who in any street or public place, is drunk while in charge of any vehicle or cattle, or is guilty of any riotous, indecent, or disorderly behaviour, or of insulting, obstructing, or annoying any passenger therein, or who, in any Government Office, Summary Court, or Police Station, or in any place of public entertainment, is guilty of riotous, indecent or disorderly behaviour, is liable to a fine of two hundred dollars or to imprisonment for two months.
53. Any owner or occupier, or any person in the employment of any owner or occupier, of any house, shop, room, or other place of public resort wherein provisions, liquors, or refreshments of any kind are sold or consumed (whether the same are kept or retailed therein or procured elsewhere), who knowingly permits drunkenness, gambling, or any other disorderly conduct therein, or knowingly permits or suffers known prostitutes, convicted offenders, rogues and vagabonds, or incorrigible rogues to meet together or remain therein, is liable to a fine of one thousand dollars or to imprisonment for three months.
54. Any person who is drunk, riotous, quarrelsome, or disorderly in any shop, house, premises, or place licensed for the sale of beer, wine, or spirituous liquors by retail, or for refreshment, or kept or used for the time being for public resort, entertainment, instruction or amusement, or who insults or annoys any person therein and refuses or neglects to quit such shop, house, premises, or place upon being requested to do so by the owner, manager, or occupier, or his agent or servant, or by any honorary steward of any entertainment, or by any constable, is liable to a fine of one hundred dollars; and all constables are hereby authorised, empowered, and required, on the demand of such owner, manager, occupier, agent, or servant, or honorary steward, or when such conduct as mentioned above comes under their own special notice, to assist in expelling such drunken, riotous, quarrelsome, or disorderly persons from such shops, houses, premises, or places.
Drunkenness and riotous conduct in certain places.
Drunkenness, gambling, or disorderly conduct in public houses. [45 of 1979].
Ejectment of disorderly persons from public houses.
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 33
PEACE PRESERVATION
55. (1) The Minister may, by Order, prohibit during periods specified respectively in the Order any of the following things in any street, highway, or public place:
(a) the carrying of any lighted torch; and (b) any assemblage or collection of persons armed
with sticks or other weapons of offence and numbering ten or more.
Such Order may extend to the whole of Trinidad and Tobago or any part thereof.
(2) Any person who does any act or takes part in any assemblage or collection contrary to any such Order is liable to a fine of one thousand dollars or to imprisonment for six months.
56. Any constable and any one whom he may call to his aid may extinguish any torch carried contrary to any such Order, and may arrest any person found doing any act or taking part in any assemblage or collection contrary to the Order, and may take or cause to be taken any person so arrested to some convenient place, there to be detained until he is brought before a Magistrate or Justice to be dealt with according to law.
57. Any owner or occupier of any house, building, yard, or other place who knowingly permits or suffers any convicted offenders, persons convicted of riot or affray, common prostitutes, rogues and vagabonds, or incorrigible rogues to meet together or remain therein to the number of ten or more, is liable on first or second conviction to a fine of four hundred dollars, and on any subsequent conviction to imprisonment for six months.
58. Any owner or occupier of any house, building, yard, or other place who knowingly permits or suffers any convicted offenders, persons convicted of riot or affray, common prostitutes, rogues and vagabonds, or incorrigible rogues to meet together and remain therein, and to play or sing or dance therein, or to play or bet therein at any game or pretended game of chance with any instrument of gaming or with any coin, card, or token, is liable to the same fines and punishments as mentioned in section 57.
Power to prohibit certain acts. [85 of 2000].
Power to extinguish torches, and arrest. [85 of 2000].
Penalty on owner for permitting convicted offenders, etc., to assemble. [45 of 1979].
Penalty on owner, etc., permitting convicted offenders, etc., to dance or gamble. [45 of 1979].
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59. Where any convicted offenders, persons convicted of riot or affray, common prostitutes, rogues and vagabonds, and incorrigible rogues, to the number of ten or more, meet together or remain in any house, building, yard, or other place, or are found playing or singing or dancing therein, or playing, gaming, or betting therein with any instrument of gaming or with any coin, card, or token, all such persons are liable on first or second conviction to a fine of one hundred dollars and on any subsequent conviction, to imprisonment with hard labour for three months.
60. Any constable may, at any time of the day or night, with such assistants as he may take to his aid, enter such house, building, yard, or place as mentioned in section 59 where he suspects any such persons as mentioned in the said section 59 to the number of ten or more may be together, or may be playing or singing or dancing, or playing or gaming or betting, and to take into custody all such persons found therein to the number of ten or more, and to seize and carry away all drums, gongs, tambours, bangees, chac-chacs, or other musical instrument or instruments of gaming found therein, and the same shall be forfeited. Such constable may enter by force, if he is refused admittance after demand.
60A. The provisions of sections 58, 59 and 60 do not apply where the singing or dancing is done, or the drums, gongs, tambours, bangees, chac-chacs or other musical instruments are used as part of a religious observation, ceremony or custom in any place of worship.
61. On the trial or hearing of any information or proceeding under this Act, proof of the meeting together of any convicted offenders, persons convicted of riot or affray, common prostitutes, rogues and vagabonds, or incorrigible rogues in any house, building, yard, or other place, or of such persons playing or singing or dancing or gaming or betting therein, shall be prima facie evidence that such person or persons had there met together, or were remaining there, or were there playing or singing or dancing or gaming or betting, with the knowledge of the occupier of such house, building, yard, or other place.
Penalty on convicted offenders, etc., assembling together, dancing, or gambling. [45 of 1979].
Constable may enter premises, etc.
Religious observances, customs or ceremonies. [85 of 2000].
Prima facie proof of knowledge against occupiers. [45 of 1979].
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62. (1) Any person having in his custody or possession any weapon, instrument, stick, bottle, stone, or other thing intended for the purpose of committing any indictable offence shall be deemed a rogue and vagabond and liable to imprisonment for two months.
(2) Every such weapon, instrument, stick, bottle, stone, or other thing, shall be forfeited to the State, and any constable may enter, by force if necessary, any house, building, yard, or other place where he has reasonable cause to believe that there is, contrary to this section, any such thing as mentioned above, and any such thing there found, remove, destroy, or otherwise deal with.
63. (Repealed by Act No. 85 of 2000).
OFFENCES IN STREETS AND OTHER PUBLIC PLACES
64. (1) Any person who commits any of the following offences in any street is, for each offence, liable to a fine of two hundred dollars or to imprisonment for one month, that is to say, any person who:
(a) exposes for show, hire, or sale (except in a market or market place lawfully appointed for that purpose) any animal, or exhibits any show for public entertainment, or shoes, bleeds, or farries any animal (except in cases of accident), or cleans or turns loose any animal, or makes, repairs, washes, or cleans any vehicle (except in case of accident where repair on the spot is necessary);
(b) slaughters any animal, except such as may have met with accident, or which, for public safety or other reasonable cause, ought to be killed on the spot;
(c) offers or exposes for sale any herbage or forage in any public place in any town, other than such place or places as may from time to time be lawfully appointed for that purpose;
Possession of weapons intended for crime. [45 of 1979].
Offences in streets. [27 of 1973 85 of 2000].
Offences in regard to animals and vehicles.
Slaughtering animals.
Forage.
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(d) exposes for sale any goods whatsoever so that the same project into or over any footway or beyond the line of the house, shop or building in which the same are exposed;
(e) hangs or places any clothes on any line or cord projecting over any part of any street, or on any wall, fence or paling abutting upon any street;
(f) sings any profane or obscene song or ballad; (g) being a parent or guardian or person standing in the
relation of parent or guardian to any child above the age of five years, permits such child to go naked;
(h) wantonly extinguishes the light of or destroys or damages any street lamp, or wantonly disturbs any inhabitant by pulling or ringing any door bell or knocking at any door;
(i) wantonly pulls down, destroys, damages or defaces any sign or signboard;
(j) throws or lays down any stone, timber, or any other materials (except building materials so enclosed as to prevent injury to passengers);
(k) trundles a hoop; (l) throws or discharges any missile or makes any
bonfire; (m) (Repealed by Act No. 85 of 2000). (n) in any way wilfully obstructs the free passage of
any street. (2) (Repealed by Act No. 85 of 2000).
65. Any person who, in any street, commits any of the following offences to the obstruction, annoyance or danger of any resident or passer-by is liable, for each offence, to a fine of two hundred dollars, or to imprisonment for one month, that is to say, any person who:
(a) places or leaves, or causes to be placed or left, any furniture or goods, or any cask, tub, basket, box, pail, bucket, stool, bench, seat, or package on any footway, or places or causes to be placed any blind, shade, covering, awning, or other projection over or along any such footway unless it is at no point less than eight feet above such footway;
Goods on footway.
Hanging clothes.
Obscene songs.
Naked children.
Street lamps, bells, knockers.
Signboards.
Placing materials on street.
Hoops.
Missiles, bonfires.
Obstruction.
Offences in streets to the annoyance or danger of residents or passengers.
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(b) rolls or carries any cask, tub, or wheel or any ladder, plank, board, pole, timber, or log of wood upon any footway, except for the purpose of loading or unloading any wagon, cart, or carriage, or of crossing the footway;
(c) carries any lighted torch.
66. (1) No goods or other articles shall be allowed to rest on any footway or other part of any street for a longer time than is reasonably necessary for loading or unloading or receiving into or delivering from store such goods or other articles; and the burden of proof of such reasonable time shall be upon the defendant.
(2) Any person doing any act in contravention of this section shall be liable to a fine of two hundred dollars.
67. (1) Any person who places or leaves or causes to be placed or left any obstruction whatsoever upon any street or landing place, except such part thereof as may from time to time be allowed by public notice for the purpose by any police officer in the town or district, or any person who causes or suffers any such obstruction to be left upon any part so allowed for any time exceeding sixty hours from the time of it being first placed there, is liable to a fine of four hundred dollars; and if any person convicted does not, within the space of forty-eight hours after such conviction, remove the obstruction in respect of which such conviction was had, he is liable to a further fine of one hundred dollars for every twenty-four hours during which the same shall remain on such street or landing place.
(2) (a) A person who places or leaves or causes to be placed or left any trailer or container upon any street for any period exceeding twenty-four hours is guilty of an offence and liable on summary conviction to a fine of five hundred dollars, and to a further fine of one hundred dollars for each day the offence continues after the date of conviction.
(b) In this subsection— “container” means a box, tank or other vessel not less than twenty
feet in length made of metal, wood or other material and designed or intended to be used for the carriage of goods;
Depositing goods in streets.
Obstructions in streets and landing places.
Trailers parked for a period in excess of twenty-four hours. [13 of 1979].
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“trailer” means any vehicle which has no independent motor power of its own and is designed to be attached to and drawn by a motor vehicle, and includes a “semi-trailer” within the meaning of the Motor Vehicles and Road Traffic Act.
68. If any goods are left upon any part of any street or landing place contrary to this Act, any Magistrate or Justice may direct such goods to be removed to some other place, and there detained until all the expenses of the removal and storage of such goods and the amount of any penalties, if any, which may have been incurred in respect of them have been paid; and in case the penalties, and all expenses of the removal and storage of such goods, are not paid within one month after they have been incurred, the Magistrate or Justice shall order the goods to be sold, and, after satisfaction from the proceeds of sale of all the penalties and expenses, shall pay the balance of such proceeds of sale to the person entitled to it; but if no claim is made to such balance of proceeds of sale within thirty days, then the whole of such moneys remaining unclaimed shall be paid to the Comptroller of Accounts for the use of the State.
69. Any person who throws or discharges any stone or other missile to the annoyance, damage or danger of any person, in any place, is liable to a fine of one thousand five hundred dollars or to imprisonment for six months.
70. Any person who causes a nuisance to the public, and any person who at any time takes any part in causing such a nuisance, and any person occupying or having control over any house, yard or premises of whatever nature who permits such nuisance in such house, yard or premises, is, without prejudice to anything contained in any other law, liable on summary conviction to a fine of one thousand five hundred dollars or to imprisonment for six months.
FLYING KITES
*71. (1) Any person who flies or attempts to fly any kite in any place within the limits of the city of Port-of-Spain or of any borough, or in any other area which may be declared by the Minister, by Order, to be an area to which this section applies, is liable to a fine of forty dollars.
Ch. 48:50.
Disposal of goods improperly placed in streets.
Throwing stones or other missiles.
Public nuisance.
Flying of kites prohibited in Port-of-Spain and any borough or proclaimed area.
*See Index of Subsidiary Legislation at page 2.
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(2) Any police officer may destroy any kite which any person flies or attempts to fly in contravention of this section.
(3) This section shall not apply to the flying of kites in the Queen’s Park Savannah in Port-of-Spain, and in the Arima Savannah.
FOULING OF RIVERS, STREAMS AND PONDS
72. Any person who— (a) bathes in any part of the Maraval River; or (b) washes clothes in the said river or on its banks; or (c) throws or discharges any water used in the
washing of clothes or holding soap in solution, or any dirt or filth, or any noxious or fetid matter of any description whatever in the said river,
is liable to a fine of one thousand dollars or to imprisonment for three months.
73. (1) Any person who washes any clothes, or throws or discharges any water which may have been used in the washing of clothes or holding soap in solution, or any dirt or filth, or any noxious or fetid matter of any description whatever, into any stream or pond or water, whether running or not, without the permission of the owner of the stream, pond or water, is liable to a fine of two hundred dollars, or to imprisonment for one month; and any person found committing any such offence may be immediately apprehended by any constable, or by the owner of the property on which the offence is committed, or by his servant, or by any person authorised by him, and forthwith taken before a Magistrate, to be dealt with according to law.
(2) Any owner of land who washes, or causes or permits any person to wash, any clothes, or throws or discharges, or causes or permits any person to throw or discharge, any dirt, filth or other noxious or fetid matter into, or in, any water running through such land, whereby such water coming or flowing into any other land may be polluted and rendered unfit for use, is liable to a fine of one thousand dollars or to imprisonment for three months.
Police may destroy kites.
Section not to apply to certain places.
Bathing, etc., in Maraval River.
Washing clothes in or discharge of noxious matter into stream or pond. Ch. 4. No. 17-1940, ss. 78 and 79.
Owner of land not to pollute water flowing into any other land.
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74. Any penalty under section 73 may be recovered on the information of any Forest Ranger, or constable, or of the owner of the property upon, or in respect of which, such offence has been committed, and every such penalty, if recovered on the information of the owner, shall be paid to such owner, which term shall in the said section 73 and in this section, extend to and include any person having the immediate possession or the management or charge of the land.
INCITING DOGS OR OTHER ANIMALS TO ATTACK
75. Any person who incites a dog or other animal to attack, worry, or put in bodily fear any other person or any animal is liable to a fine of four hundred dollars or to imprisonment for two months.
KEEPING SWINE
*76. Any person who keeps any swine in a town is liable to a fine of two hundred dollars or to imprisonment for one month; and any constable may enter in the daytime any place in any town in which he may have reasonable cause to suspect that any swine are kept, and to seize all swine which may be found there, and such swine shall be forfeited to the State.
CONFINEMENT OF ANIMALS
*77. (1) In this section— “animal” includes swine, goats, and such other animals as the
Minister may from time to time, by order, direct to be included in such term;
“owner” includes the head of a family occupying any premises in which an animal is kept or permitted to remain;
“confined” means confined in a pen or fenced place or securely tethered so as to prevent the animal from wandering.
(2) Every animal shall, except when it is in transit and in charge of the owner or some person acting on his behalf, be confined by its owner.
*See Index of Subsidiary Legislation at page 2.
Recovery and appropriation of penalties.
Inciting animals to attack.
Keeping swine.
Owners to confine animals.
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(3) Any owner who refuses, fails, or neglects to act in conformity with this section is liable on first conviction to a fine of one hundred dollars, on second conviction to a fine of two hundred dollars, and on any subsequent conviction to a fine of four hundred dollars or to imprisonment for two months.
(4) The fact that an animal is found off the premises of its owner shall be prima facie evidence that an offence under this section has been committed by the owner of such animal.
CRUELTY TO ANIMALS
78. In sections 79 to 90 (inclusive) “animal” means any horse, mare, gelding, colt, filly, bull, cow, ox, steer, heifer, calf, mule, ass, ram, ewe, sheep, lamb, boar, sow, barrow, hog, pig, goat, kid, dog, cat, or any other domestic animal, whether of the kind or species particularly mentioned or of any other kind or species whatsoever, and whether a quadruped or not.
79. (1) Any person who cruelly beats, ill-treats, starves, over- drives, overrides, overloads, abuses, tortures, or otherwise maltreats any animal is liable to a fine of four hundred dollars or to imprisonment for two months.
(2) An animal shall be deemed to be overloaded if it is made to carry a burden or draw a load which is beyond its strength, or after it is exhausted, or if by reason of the size, strength, or condition of the animal or of any other circumstances the Magistrate is of opinion that the burden or load is unduly heavy.
(3) An animal used in drawing a vehicle shall be deemed to be ill-treated if, by reason of the condition of the vehicle or harness used, or of the nature and condition of the road travelled over, or other cause, the animal, in the opinion of the Magistrate, has been made to suffer unnecessary strain or pain or has been overworked.
80. Any person who works any animal in such a condition as to be unfit for work, whether from lameness or from emaciation or from any gall or sore or otherwise, and whether that condition is caused by disease or deficient feeding or otherwise, in any cart, plough, or carriage, or other vehicle of pleasure or burden, is liable to a fine of four hundred dollars or to imprisonment for two months.
Interpretation.
Cruelty to animals. [2 of 1953].
Working animal unfit for work.
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81. (1) A constable or the owner of any animal in whose view an offence under either section 79 or 80 is committed may apprehend the offender and take him before a Magistrate or Justice to be dealt with according to law.
(2) Such constable or owner may similarly apprehend the offender if information of the offence is given by any other person declaring his name and place of abode.
82. (1) If any person shall, by committing any offence under section 79 or 80, cause any injury or damage to be done to any animal or to any person or property, he shall, on conviction for such offence, pay to the owner of the animal (if the offender is not the owner) or to the person who has sustained the injury or damage, such sum of money by way of compensation, not exceeding five hundred dollars, as the Court shall adjudge.
(2) The payment of such compensation or imprisonment for the non-payment thereof shall not prevent or in any manner affect the punishment to which the offender may be liable for or in respect of the offence.
(3) Nothing herein contained shall prevent any proceeding by action against the offender or his employer where the amount of the damage or injury is not sought to be recovered under this Act.
83. (1) Any person who— (a) in any manner encourages, aids, or assists at the
fighting or baiting of any animal, whether domestic or wild; or
(b) keeps or uses or acts in the management of any place to be used for the purpose of fighting or baiting any such animal; or
(c) being the owner or occupier of any place, permits or suffers it to be so used,
is liable to a fine of four hundred dollars or to imprisonment for two months.
Power to arrest.
Compensation for damage done by cruelty to animals. [45 of 1979].
Bull-baiting, cock-fighting and similar offences.
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(2) Any person who receives money for the admission of any other person to any place kept or used for any of the purposes mentioned above shall, unless the contrary is proved be deemed to be the keeper of such place.
84. A Magistrate or Justice may, by warrant under his hand, authorise any constable to enter any place used for the purpose of fighting or baiting any animal and to apprehend all persons who, and to seize all animals which, may be found there, and to take them before a Magistrate or Justice to be dealt with according to law.
DETENTION OF ANIMALS FOR TREATMENT
85. On any conviction for any offence under section 79 or 80, the Magistrate may, if he thinks that such animal is unfit to work, direct that it be detained in any place which has been notified in the Gazette as set apart by the Trinidad and Tobago Society for the Prevention of Cruelty to Animals for that purpose, for any period not exceeding thirty days, during which the maintenance of such animal shall be provided free of cost to the Government. Pending the hearing of a complaint for any such offence the Magistrate may, on the application of the complainant, direct the animal to be detained in the same manner.
86. Any place so set apart as mentioned above shall be deemed to be a pound for the purposes of section 13 of the Pounds Act.
87. Except for gross negligence, no officer or servant of the Trinidad and Tobago Society for the Prevention of Cruelty to Animals or person having charge of any place set apart as provided above shall be liable in respect of the death or sickness or deterioration of, or any accident or casualty to, any animal detained in such place under this Act.
88. If any animal detained under section 85, for any period shall, on the expiration of that period or within forty-eight hours thereof, not be claimed by its owner, or if its owner does not pay to the said Society the cost of the keep and treatment of the animal
Power of entry, arrest, and seizure.
Animals may be detained for treatment.
Such place deemed a pound. Ch. 67:03.
Liability for animals detained.
Unclaimed animals may be sold or destroyed.
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during the period it is detained, the person having charge of it may, after seven days’ notice published in the Gazette, sell it by auction and apply the proceeds towards the expenses to be incurred under this Act, or may destroy it.
*89. (1) The Minister may make Regulations prescribing the scale of charges for the treatment and keep of animals detained under section 85.
(2) All such Regulations shall be published in the Gazette.
DESTRUCTION OF ANIMALS
90. (1) In thecaseofanyoffenceunder section79or80, theCourt may, if it thinks fit, order as part of its sentence that the animal shall be destroyed and its body disposed of at the expense of the offender.
(2) The Commissioner of Police shall give such orders as may be necessary for the destruction of the animal and the disposal of its body.
SLAUGHTERING OF CATTLE
91. (1) Any person who slaughters or causes to be slaughtered any heifer under the age of three years is liable to a fine of one thousand dollars.
(2) This section shall not apply to any animal slaughtered in obedience to lawful authority, or from a humanitarian motive such as the prevention of suffering, or because of disease, or for any other sufficient cause.
LICENSING OF CERTAIN TRADES
92. (1) Any person who, within the limits of any town, commences or carries on the trade or business of a blacksmith, tinman, founder, farrier, or cooper without having first obtained a licence under the hand of the Magistrate of the district, authorising him to carry on such trade or business in some particular house, workshop, or premises specified in the licence or who, having such licence, carries on such trade or business in any place except the house, workshop, or premises specified, is liable to a fine of one thousand dollars.
*See Index of Subsidiary Legislation at page 2.
Scale of charges.
Power to order destruction of animal.
Heifers under three years of age not to be slaughtered.
Certain trades to be licensed.
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(2) Every person carrying on the trade or business of a blacksmith, tinman, founder, farrier, or cooper, who, on being required by any constable on the premises where such trade or business is carried on to produce his licence, refuses to do so, is liable to a fine of one hundred dollars or to imprisonment for fourteen days.
(3) One month’s notice by public advertisement shall be given by the Magistrate of any application made to him for a licence to carry on any trade or business mentioned in this section, in which notice shall be inserted the name of the applicant and the place where such trade or business is intended to be carried on.
*93. (1) Any person who for reward offers his services to any other person for the purpose of directing and accompanying such other person to any place of local interest or for the purpose of giving information to such other person in respect of any such place shall first obtain a licence as a guide from the Magistrate of the district in which he resides. Such guide shall wear a numbered armlet which shall be supplied to him by the Minister. Such guide shall charge for his services a sum not exceeding the fee which shall be prescribed for the purpose by the Minister by Notification. Any person who contravenes this subsection is liable to a fine of two hundred dollars.
(2) The Magistrate may for cause shown refuse to grant a licence to the applicant. Every licence granted shall remain in force up to 30th September next following the date of the issue of the licence unless previously cancelled by the Magistrate for cause shown on the application of the Commissioner. The applicant shall pay a fee of twenty dollars for each such licence.
94. (1) A copy of every application for a licence under section 92 or section 93 shall be served on the Commissioner of Police at least fourteen days before the application is heard by the Magistrate.
*See Index of Subsidiary Legislation at page 2.
Refusing to produce licence.
Notice of application for licence.
Guide’s licence. [51 of 1980 3 of 1994].
Police may oppose application for licences.
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(2) A police officer of or above the rank of corporal may appear on behalf of the Commissioner at the hearing of the application and may object to the granting of any licence under section 92 or section 93.
SUNDAY EMPLOYMENT OR TRADING GENERALLY
95. Subject to the Customs Act, any person who on a Sunday employs for hire any other person in any agricultural or manufacturing labour or employment, or in the carting or crooking of any goods, or in the loading of any vessel, or in the transhipping of any goods, or who on a Sunday, after the hour of nine o’clock in the morning, sells or offers or exposes for sale in any public market any goods, is liable to a fine of two hundred dollars.
DISTURBING PLACES OF WORSHIP
96. Any person who is guilty of any riotous, violent, indecent, or disorderly behaviour in any place of divine worship, or in any ground or land contiguous to the place of divine worship and used in connection therewith, whether during divine service or at any other time, or who disturbs or molests any person therein, whether during service or at any other time, and any person who disturbs or molests any religious head or official celebrating any religious rite or office in any street or other public place, or any other person aiding, assisting, or attending at the celebration of such rite or office, is liable to a fine of two hundred dollars.
96A. Notwithstanding any other law to the contrary, any person who brings into contempt or disbelief or who attacks, ridicules or vilifies another person’s religion in a manner that is likely to provoke a breach of the peace commits an offence and is liable on summary conviction to a fine of one thousand dollars.
NAVY DISCIPLINE
97. (1) Any person who brings any intoxicating liquor on board any ship of the Trinidad and Tobago Defence Force without the previous consent of the officer commanding the ship, or approaches or hovers about any such ship for the purpose of bringing any intoxicating liquor on board the same without such
Sunday trading. Ch. 78:01.
Disturbing places of worship and molesting officials performing religious functions. [85 of 2000].
Bringing into contempt, etc., another person’s religion. [85 of 2000].
Bringing intoxicating liquor to Defence Force ships. [45 of 1979].
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previous consent or for the purpose of giving or selling intoxicating liquor without such previous consent to other ranks of the Trinidad and Tobago Defence Force, is liable to a fine of four hundred dollars for every such act or offence.
(2) Any officer, warrant officer or non-commissioned officer of the Trinidad and Tobago Defence Force, with or without any men under his command, may search any vessel hovering about or approaching, or which may have hovered about or approached, any ship of the Trinidad and Tobago Defence Force, and any such officer, warrant officer or non-commissioned officer, with or without men under his command, or any constable or peace officer, with or without any warrant or other process, may apprehend or cause to be apprehended any person contravening any of the provisions of this section and bring him or cause him to be brought before a Magistrate.
(3) Any intoxicating liquor found on board such vessel shall be seized and forfeited to the State.
TRINIDAD AND TOBAGO DEFENCE FORCE UNIFORMS
98. (1) Aperson not serving in theTrinidad andTobago Defence Force shall not wear, without the Minister’s permission, the uniform of any member of that Force, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform: This enactment shall not prevent any person from wearing any uniform or dress in the course of a stage play performed in a place duly licensed or authorised for the public performance of stage plays, or in the course of any bona fide military representation.
(2) Any person who contravenes this section is liable to a fine of two hundred dollars.
(3) Any person not serving in the Trinidad and Tobago Defence Force who wears, without the Minister’s permission, the uniform of any member of those Forces, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform, in such a manner or under such circumstances as to be likely to bring contempt upon that uniform, or employs any other person so to wear that uniform or dress, he shall be liable to a fine of four hundred dollars.
Uniforms not to be worn without authority. [45 of 1979].
Bringing contempt on uniform.
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FIREWORKS AND FIREARMS
99. (1) Except as prescribed by Regulations under this Act, any person who throws, casts, sets fire to, or lets off any fireworks within any town is liable to a fine of one thousand dollars.
(2) In this section and in sections 100 and 101, “town” includes the City of Port-of-Spain, the City of San Fernando, and the Borough of Arima, and every part of the area within two miles of the boundaries of such City or of either of such Boroughs, and also any place or area declared by the Minister, by Order, to be a town or to be deemed to be included within a town for the purposes of the said sections.
100. Any person who throws, casts, sets fire to, or lets off any fireworks into, in, or upon any street not being in any town, or into, in, or upon any place being within sixty feet of the centre of any such street, is liable to a fine of four hundred dollars.
*101. The Minister may make Regulations prescribing the times, places, and conditions on and at which fireworks may be let off or set fire to in towns.
102. Any person who discharges any gun, pistol, or other firearm in any street or within sixty feet of the centre of such street, except on some lawful and necessary occasion or when acting under a power conferred by any Act, is liable to a fine of four hundred dollars.
PUBLICATIONS
103. (1) Where a complaint is made upon oath before a Magistrate that—
(a) the complainant has reason to believe and does believe that any obscene books, papers, writings, prints, pictures, drawings, or other representations are kept in any house, shop, room, or other place within the limits of the jurisdiction of the Magistrate for the purpose of sale or distribution, exhibition for purposes of gain, lending upon hire, or being otherwise published for purposes of gain; and
*See Index of Subsidiary Legislation at page 2.
Fireworks in towns.
Fireworks outside towns.
Regulations.
Discharging firearms in street.
Warrant to search for obscene publication.
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(b) that one or more articles of the like character have been sold, distributed, exhibited, lent, or otherwise published as mentioned above, at or in connection with such place, so as to satisfy such Magistrate that the belief of the complainant is well founded, and where such Magistrate is also satisfied that any of such articles so kept for any of the purposes mentioned above are of such a character and description that the publication of them would be an offence punishable under section 5 of the Criminal Offences Act or paragraph (g) of section 46 of this Act, the Magistrate may give authority by special warrant to any constable to enter into such house, shop, room, or other place, with such assistance as may be necessary, in the daytime, and if necessary to use force by breaking open doors or otherwise, and to search for and seize all such books, papers, writings, prints, pictures, drawings, or other representations found in such house, shop, room, or other place, and to carry all the articles so seized before the Magistrate issuing the warrant, or some other Magistrate exercising the same jurisdiction.
(2) Such Magistrate shall thereupon issue a summons calling upon the occupier of the house or other place which may have been so entered by virtue of the warrant, to appear within seven days before such Magistrate to show cause why the articles so seized should not be destroyed.
(3) If the occupier or some other person claiming to be the owner of the articles does not appear within the time mentioned above, or if he appears and the Magistrate is satisfied that the articles or any of them are of the character stated in the warrant, and that the articles or any of them have been kept for any of the purposes mentioned above, the Magistrate shall order the articles so seized, except such of them as he may consider necessary to be preserved as evidence in some further proceeding, to be destroyed at the expiration of the time allowed for lodging an appeal unless notice of appeal is given, and such articles shall be in the meantime impounded.
Ch. 11:01.
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(4) If the Magistrate is satisfied that the articles seized are not of the character stated in the warrant, or have not been kept for any of the purposes mentioned above, he shall forthwith direct them to be restored to the occupier of the house or other place in which they were seized.
104. Any person who— (a) affixes to or inscribes on any land, building, wall,
hoarding, gate, fence, pillar, post, board, tree, or any other thing whatsoever, so as to be visible to any person being in or passing along any street or being in any house; or
(b) delivers, sends, or exhibits to any person being in or passing along any street; or
(c) throws into any house, yard, or premises; or (d) exhibits to public view in the window of any
house or shop,
any picture or printed or written matter which is of an indecent or obscene nature, is liable to a fine of four hundred dollars.
105. Every person who prints or publishes any publication (which term includes any book, circular, pamphlet, handbill, poster or any other publication whether printed, typewritten, or written) shall cause to be printed, type-written or written thereon (as the case may be), in some conspicuous place and in legible characters the names and addresses of the printer and publisher thereof. Any person who fails to comply with this section and any person who circulates or causes to be circulated any publication which contravenes this section is liable to a fine of one thousand dollars or to imprisonment for six months.
TELEPHONES AND TELEGRAMS
106. Any person who— (a) sends any message by telephone which is grossly
offensive or of an indecent, obscene, or menacing character; or
Indecent pictures, writings, etc.
Penalty provided in respect of publications which do not contain names of printer and publisher thereof.
Misuse of telephone facilities and false telegrams. [13 of 1951].
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(b) sends any message by telephone, or any telegram, which he knows to be false, for the purpose of causing annoyance, inconvenience or needless anxiety to any other person; or
(c) persistently makes telephone calls without reasonable cause and for any such purpose as mentioned above,
is liable on summary conviction to a fine of two hundred dollars or to imprisonment for one month.
PART II
PUBLIC MEETINGS AND PUBLIC MARCHES
PRELIMINARY
107. (1) In this Part— “meeting” means any assembly or gathering of persons called
together or held for the purpose of the transaction of matters of public interest or for the discussion of such matters or for the purpose of the expression of views on such matters;
“police officer” has the same meaning as in the Police Service Act, and includes a member of the Special Reserve Police established under the Special Reserve Police Act and a member of the police service of any Municipality or borough;
“public march” means any march or procession in a public place comprising (whether wholly or partly) pedestrians, vehicles (however propelled or drawn), or bicycles (however propelled) except a march or procession—
(a) by police officers or members of the Fire Service established by the Fire Service Act;
(b) by members of the Defence Force established by the Defence Act;
(c) which takes place as a component part of any religious ceremony, including a wedding or funeral, not being in any way connected with any political demonstration or celebration; or
(d) which takes place at any time during the public festival of Carnival;
Interpretation of Part II. [1 of 1972].
Ch. 15:01.
Ch. 15:03.
Ch. 35:50.
Ch 14:01.
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(e) in connection with any public meeting referred to in the Schedule;
“public meeting” means any meeting held in any public place except meetings referred to in the Schedule;
“public place” means any highway, street, public park or garden, any beach and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; and includes any open or enclosed space to which, for the time being, the public have or are permitted to have access whether on payment or otherwise.
(2) For the purposes of this Part a person shall, subject to subsection (3), be regarded as the holder of a public meeting or the organiser or leader of a public march, respectively, if in any way—
(a) he holds or calls together or assists in the holding of or calling together a public meeting or signs the notification for such a meeting in accordance with section 109(2);
(b) he organises, leads or conducts or assists in the organisation, leading or conduct of a public march or signs the application for a permit for such march in accordance with section 113(2).
(3) In any proceedings under this Part for the contravention of any provisions relating to the holding, conduct or calling together of a public meeting or the organisation or leading of any public march, a person shall not be held to be guilty of any offence, if he proves that the contravention was committed without his consent or his connivance and that he exercised all such precautions as he could reasonably be expected to have exercised to prevent the commission of the offence having regard to the nature of his functions in relation to the meeting or march.
108. The functions, powers and duties of the Commissioner of Police under this Act may be exercised by any police officer, not below the rank of Sergeant, authorised by the Commissioner in that behalf.
Schedule.
Schedule.
Exercise of functions of Commissioner. [1 of 1972].
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PUBLIC MEETINGS
109. (1) A person who desires to hold or call together any public meeting shall, at least forty-eight hours but no more than fourteen days before the day on which it is proposed to hold such meeting, notify the Commissioner of Police.
(2) Every notification under subsection (1) shall be in writing signed by the person or persons desiring to hold or call together the meeting and shall state—
(a) the address of each of the persons desiring to hold or call together such meeting;
(b) the purpose or purposes of the meeting; (c) the place at which the meeting is to be held and
the approximate time at which it is to begin; and (d) the name of every speaker other than a citizen of
Trinidad and Tobago or a resident who intends to address the meeting.
(3) If the Commissioner of Police, having regard to the time at which, the circumstances in which or the purpose for which any public meeting is to be held has reasonable ground for apprehending that the holding of such meeting may occasion a breach of the peace or public disorder, he may—
(a) subject to subsection (4), in writing, prohibit such meeting; or
(b) give directions imposing upon the persons holding or calling together such meeting such conditions as appear to him necessary for the preservation of the peace and of public order,
and where the notification is incomplete or the Commissioner has reason to believe that any information supplied in pursuance of the requirements of this Part is false, the Commissioner may prohibit such meeting.
(4) The Commissioner of Police shall, where the meeting is prohibited, state in writing the reasons for such prohibition, and notice of such prohibition shall be served either personally on any of the persons who signed the notification or by leaving it at the address of any of the persons stated thereon in accordance with subsection (2)(a).
Holding of public meetings. [1 of 1972 45 of 1979 17 of 1998].
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(5) A person (other than a citizen of Trinidad and Tobago or a resident) who desires to address a public meeting or a political meeting shall no more than fourteen days before the date on which such meeting is to be held apply to the Minister for a permit to do so; and the Minister may, in any case, grant or refuse the application.
(6) Any person who, not being a citizen of Trinidad and Tobago or a resident, addresses a public meeting or a political meeting without first obtaining a permit in accordance with subsection (5) is liable to a fine of five thousand dollars or to imprisonment for two years.
(7) Any person who— (a) holds any public meeting without notifying the
Commissioner of Police; (b) calls together or holds a public meeting that has
been prohibited under subsection (3); (c) in furnishing the information for any of the
purposes of subsection (2) makes any statement which he knows to be misleading, false, or deceptive, or by any dishonest concealment of material facts, or by reckless making of any statement (dishonestly or otherwise) misleads or attempts to mislead any other person;
(d) fails, neglects or refuses to comply with any condition imposed by the Commissioner under subsection (3)(b),
is liable to a fine of ten thousand dollars or to imprisonment for two years.
(8) In this section— “resident” means a person who, not being a citizen of Trinidad
and Tobago, is a resident of Trinidad and Tobago for the purposes of the Immigration Act;
“political meeting” has the same meaning as in section 117. Ch. 18:01.
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110. (1) No public meeting may be conducted in such a manner so as to result in a public march that is not permitted by the Commissioner of Police under section 114 and if a public meeting is conducted in such a manner that such a public march takes place at such a public meeting, the holder of such public meeting is guilty of an offence.
(2) Any person guilty of an offence under subsection (1) is liable to a fine of four thousand dollars and to imprisonment for eighteen months.
111. (1) Where— (a) a public meeting is held without notification being
given in accordance with this Part; (b) a public meeting that has been prohibited under
section 109(3) is called together or held; or (c) any condition imposed by the Commissioner in
accordance with this Part is not observed by the holder of a public meeting; or
(d) a public meeting is held in conformity with this Part, but in any such circumstances as to cause a police officer not below the rank of Sergeant reasonably to apprehend that any person or persons have acted or are acting or are about to act in a manner prejudicial to public safety or to public order,
any police officer in uniform not below the rank of Sergeant may require any person addressing or present and known to him to have addressed or otherwise to be the holder or one of the holders of the public meeting to call upon such meeting to disperse.
(2) Any person required under subsection (1) to call upon any meeting to disperse who refuses, fails or neglects forthwith to call upon such meeting to disperse, is, in addition to any other offence, guilty of an offence under this subsection and liable to a fine of one thousand dollars and to imprisonment for six months.
(3) Where any person who is required under subsection (1) to call upon any meeting to disperse, refuses, fails or neglects to do so, any police officer in uniform may call upon such meeting to disperse.
Prohibition on public marches and demonstrations at public meetings. [1 of 1972].
Holders of public meetings may be required to call upon meeting to disperse, etc. [1 of 1972].
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(4) A person present at any meeting that is called upon to disperse under subsection (1) or subsection (3) who fails to comply with such requirement is liable to a fine of five hundred dollars or to imprisonment for three months.
PUBLIC MARCHES AND PROCESSIONS
112. Notwithstanding any rule of law to the contrary no person may organise, lead or take part in any public march unless a permithasbeen issued in respect thereofby theCommissionerofPolice.
113. (1) A person who desires to organise any public march shall at least forty-eight hours before, but no more than fourteen days, before the day on which such public march is to take place, apply to the Commissioner of Police for a permit.
(2) Every application under subsection (1) shall be in writing signed by the person or persons desiring to organise the public march to which the application relates and shall state—
(a) the address of each of the persons desiring to organise such march;
(b) the purpose or purposes of the march; (c) the point of departure, route and point of
termination of the march; (d) the hours between which the march is expected
to take place.
114. (l) The Commissioner of Police on an application made to him under section 113, may, in any case, grant or, if he considers it in the interest of public safety and public order to do so, refuse the application; but the Commissioner shall, where there are reasonable grounds for apprehending that the public march in respect of which the application is made may occasion a breach of the peace or serious public disorder, refuse the application.
(2) The Commissioner of Police shall as soon as practicable after receipt of the application notify the applicant of his decision; and where the application is refused he shall state in writing the reasons for such refusal and notice of such refusal may be served either on the applicant personally or by leaving it at any of the addresses stated in the application in accordance with subsection (2)(a) of section 113.
Permit required for public marches. [1 of 1972].
Applications for permits for marches. [1 of 1972 17 of 1998].
Grant of permits for marches. [1 of 1972].
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(3) Where an application is granted, the Commissioner of Police shall issue to the applicant a permit for the desired march specifying therein the route to be followed and the times between which it may take place and such other terms as the Commissioner of Police may consider necessary for the preservation of public safety or public order.
(4) Notwithstanding— (a) the exception of marches and processions
provided for in paragraphs (c) and (d) of the definition of “public march” in section 107(1);
(b) the provisions of section 117, the Commissioner of Police may prohibit any such march or procession in a public place if, having regard to the time at which and the circumstances in which the march or procession is held or is to be held, he has reasonable ground for apprehending that the holding of such march or procession may occasion a breach of the peace or public disorder provided that where the march is prohibited the Commissioner of Police shall state in writing the reasons for such prohibition.
115. Except with the prior permission in writing of the Commissioner of Police, and then only to the extent so permitted, no person shall address persons taking part in a public march in such manner as to make such public march a public meeting and if persons taking part in any public march are addressed in contravention of this subsection, the person so contravening this subsection and, subject to section 107(3), the organiser and leader of such march are liable to a fine of four thousand dollars and to imprisonment for eighteen months.
116. (1) A police officer in uniform not below the rank of Sergeant may require any person—
(a) who is the organiser or who is the leader of any public march—
(i) that is in contravention of the provisions of this Part;
Prohibition on holding of public meetings during public marches. [1 of 1972].
Leader of march may be required to call on march to disperse. [1 of 1972].
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(ii) that is otherwise than in accordance with the terms of a permit issued thereunder; or
(iii) that takes place in such circumstances as have caused such police officer reasonably to apprehend that any person or persons have acted or are acting or are about to act in a manner prejudicial to public safety or to public order; or
(b) reasonably appearing to him to be the organiser or the leader or one of the leaders of any such public march,
to call on such public march to disperse.
(2) Any person required under subsection (1) to call on any public march to disperse, who refuses, fails or neglects immediately to call on such public march to disperse, is liable to a fine of four thousand dollars and to imprisonment for eighteen months.
(3) Where any person who is required under subsection (1) to call upon any public march to disperse, refuses, fails or neglects to do so, any police officer in uniform may call upon such march to disperse.
(4) Any person present at a public march that is called upon to disperse under subsection (1) or subsection (3) who fails to comply with such requirement is liable to a fine of five hundred dollars or to imprisonment for three months.
117. (1) Subject to section 114(4), sections 109(1) and (2),120 and 121 shall not apply in the case of the holding, calling together or addressing of a political meeting in any public place in any electoral district or in the case of the organising, leading or taking part in any public march in connection therewith in any electoral district on any day during the period commencing on the day of publication of the notice of election relating to that electoral district and ending on the day preceding polling day.
Saving for political meetings and certain public marches. [1 of 1972]. Schedule.
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(2) Subject to section 114(4), sections 112, 113, 114(1) to (3), 120 and 121 shall not apply in the case of the organising, leading or taking part in any public march at any time during which there is in force a relevant Order.
(3) The Minister may, either generally or with reference to some particular occasion, from time to time by Order (in this section called a “relevant Order”) declare, subject to such conditions as he may by such Order impose, any period to be a period during which the organising, leading or taking part in any public march may take place for the purpose of holding celebrations, community, social or cultural activities and other observances, (whether connected with labour or of a type similar to those that take place during the public festival of Carnival or otherwise); and such Order may relate to the whole or any part of Trinidad and Tobago.
(4) In this section, “political meeting” means a meeting held in an electoral district on any day during the period commencing on the day of publication of the notice of election relating to an electoral district and ending on the day preceding polling day in that electoral district for the purpose of discussing or criticising the performance of the Government or furthering or criticising the aims, objects, action or programme of any political party or for the purpose of supporting or opposing the candidature of any individual as against any other or others at such election.
(5) Nothing in this section shall be construed so as to make lawful any act or statement which contravenes the provisions of any other law.
118. (1) Notwithstanding anything contained in this Part or in any other written law, if at any time the Minister is satisfied that, by reason of particular circumstances existing in Trinidad and Tobago or in any area thereof, serious public disorder would be occasioned by the holding of public meetings or public marches in Trinidad and Tobago or any area thereof and that it would be in the interest of public safety or public order to do so, he may make an Order, subject to negative resolution of the
Prohibition of public meetings and marches in certain circumstances. [1 of 1972].
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House of Representatives, prohibiting for such period not exceeding one month as may be specified in the Order the holding of all public meetings or public marches or of any class of public meeting or public march throughout Trinidad and Tobago or in any part thereof; but—
(a) any such Order shall not apply to the classes of meetings set out in the Schedule;
(b) where any such Order is negatived by resolution of the House of Representatives, another such Order may not be made until the expiration of twenty-eight days next after the passing of such resolution.
(2) An Order made under subsection (1) shall, unless it is sooner revoked by the Minister, cease to be in force at the expiration of a period of twenty-eight days beginning on the day on which it was made or such longer period as may be provided under subsection (3), but, subject to subsection (1)(b), without prejudice to the making of another such Order at or before the end of that period.
(3) Where at any time while an Order made under subsection (1) is in force (including any time while it is in force by virtue of the provisions of this subsection) a resolution is passed by the House of Representatives approving its continuance in force for a further period, not exceeding three months, beginning on the date on which it would otherwise expire, the Order shall, if not sooner revoked, continue in force for that further period.
(4) Any person who contravenes or fails to comply with the provisions of an Order made under this section is liable to a fine of four thousand dollars or to imprisonment for eighteen months.
118A. A person who purports to hold a meeting for any of the purposes listed in the Schedule and who in fact holds such a meeting for purposes other than those listed in the Schedule commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for two years.
Schedule.
Meetings held for other purposes. [17 of 1998].
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119. The Minister may prescribe such forms as he considers are required for the proper administration of the foregoing provisions of this Part.
MISCELLANEOUS
120. (1) Except in connection with any of the purposes for the time being set out in the Schedule or in the case of a public meeting or public march to which section 117 applies, no person may, for the purpose of advertising or giving notice of any intended meeting or march operate or cause to be operated any loudspeaker in any public place unless a permit to do so has been issued by the Commissioner of Police.
(2) For the purposes of this Part the expression “loudspeaker” means any apparatus which is designed, adapted or intended for the purpose of reproducing sounds over a wide area, and includes an amplifier, microphone or other similar instrument, apparatus or device.
121. (1) Except in connection with any of the purposes for the time being set out in the Schedule or in the case of a public meeting or public march to which section 117 applies, or in any other case, with the permission in writing of the Commissioner of Police, no person may operate or cause to be operated any loudspeaker at any public meeting or public march or in any public place after eleven o’clock in the evening.
(2) A person who operates or causes to be operated any loudspeaker at a public meeting or public march or in a public place in contravention of subsection (1) or of subsection (1) of section 120(1), is liable to a fine of two thousand dollars or to imprisonment for six months.
122. (1) A person who at a public meeting acts or incites any other person to act in a disorderly manner, likely to prevent or obstruct, or for the purpose of preventing or obstructing, the transaction of the business of the meeting is guilty of an offence under this section.
Forms. [1 of 1972].
Restriction on use of loudspeakers. Schedule. [1 of 1972].
Offence to use loudspeaker contrary to section 120(1) or after 11.00 p.m., except during election campaign. [1 of 1972].
Offence to attempt to break up public meeting. [1 of 1972].
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(2) Where a police officer has reasonable cause to believe any person of committing an offence under subsection (1), he may require that person to leave the meeting immediately.
(3) A person who, having been required to leave any meeting by a police officer pursuant to subsection (2), refuses or fails immediately to leave such meeting is guilty of an offence under this section and liable to a fine of one thousand dollars or to imprisonment for three months.
123. (1) A person who without lawful authority and reasonable cause, the proof whereof shall lie on him, has with him any offensive weapon at a public meeting or in any public place during the course of a public march is liable to a fine of four thousand dollars and to imprisonment for eighteen months.
(2) Where a person is convicted of an offence under this section the Court—
(a) may make an order as to the forfeiture or disposal of any offensive weapon in respect of which the offence was committed; and
(b) where the offence was committed in respect of a firearm, may also make an order as to the forfeiture of any ammunition found in possession of such person and revoke any licence held by him under the Firearms Act.
(3) In this section— “firearm” has the same meaning as in the Firearms Act; “offensive weapon” means any article made or adapted for use
for causing injury to the person, or intended by the person having it with him for such use by him.
124. A person who takes part in any public march— (a) in respect of which a permit under this Part has
not been obtained; or (b) otherwise than in accordance with the terms of a
permit under this Part, is liable to a fine of two thousand dollars or to imprisonment for twelve months.
Prohibition of offensive weapons at public meetings and marches. [1 of 1972].
Ch. 16:01.
Offence to take part in unauthorised meeting or march. [1 of 1972].
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125. A person who— (a) leads; (b) organises or attempts to organise; or (c) incites any person to organise or take part in,
any public march in contravention of any of the provisions of this Part is liable to a fine of four thousand dollars and to imprisonment for eighteen months.
PART III
PROSECUTION OF OFFENCES
126. Alloffencesunder thisActmaybeprosecuted,andallpenalties, fines, awards of compensation, and costs incurred may be imposed or recovered, in the manner provided by the Summary Courts Act.
127. Sections 21, 22, 23 and 41 shall have effect notwithstanding section 68(2) of the InterpretationAct. However, a Magistrate shall not be bound to award any minimum penalty provided for in any of the said sections inanycase inwhich, for special reasonswhichshallbe recorded by him on the face of the proceedings, he considers some lesser penalty appropriate, or in which the person convicted is a child or a young person, as defined in the ChildrenAct; but in any such case he may deal with the offence in any manner in which he might have dealt with the same if the section had not provided for a minimum penalty.
128. Every person convicted summarily who pays the fine and costs or is discharged therefrom by the President, or undergoes imprisonment for non-payment thereof, or imprisonment adjudged in the first instance, or is discharged from his conviction in manner above mentioned shall be released from all other proceedings for the same cause.
129. Nothing herein contained shall in any manner affect the jurisdiction or the power or authority of the High Court and the Court of Appeal to adjudicate upon any of the offences made punishable under this Act or to limit the power of the said Courts to award any punishment which may be awarded by the said Courts for any of the said offences.
Offence to lead or organise marches. [1 of 1972].
Prosecution and recovery of penalties. [1 of 1972]. Ch. 4:20.
Special powers of Magistrates in relation to minimum penalties provided by sections 21, 22, 23 and 41. [24 of 1953]. Ch. 3:01. Ch. 46:01.
Defendant to be liable only once. [1 of 1972].
Jurisdiction and powers of High Court and Court of Appeal. [1 of 1972].
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LAWS OF TRINIDAD AND TOBAGO
64 Chap. 11:02 Summary Offences
Sections 107(1), 118(1)(a), 120(1), 121(1).
Ch. 39:01.
SCHEDULE
MEETINGS EXEMPTED FROM PART II 1. Religious services or meetings held under the authority of the head of
any religious denomination or any other person duly authorised by him for the purpose or of the Salvation Army.
2. Educational classes and recreation in schools or other educational institutions being a school within the meaning of section 2 of the Education Act.
3. Bona fide cinematograph, musical and theatrical entertainments, dancing, beauty competitions, handicraft shows or other similar cultural shows.
4. Bona fide horse racing, cricket, football, hockey, polo, water polo, basketball, netball, tennis, boxing, athletics, swimming and other bona fide sports.
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LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 65
SUBSIDIARY LEGISLATION
*DECLARED DISTRICTS ORDER
made under section 23(4)
1. This Order may be cited as the Declared Districts Order.
2. The whole of Trinidad and Tobago is a declared district for the purposes of section 23 of the Act.
.
*DEFINITION OF GROWING CROPS ORDER
made under section 23(3)
1. This Order may be cited as the Definition of Growing Crops Order.
2. The President directs that the several fruit vegetables and products set out in the Schedule shall be included within the definition of “growing crops” for the purposes of section 23(3) of the Act.
SCHEDULE Cereals
Maize Adlay
Ground Provisions Eddo Dasheen
Tuber and Root Vegetables Jerusalem Artichoke Carrot Beetroot Radish Turnip Topee Tambo
Proclamation 34 of 1931.
Citation.
Declared district.
71/1959.
Citation.
Growing crops included in definition.
*Section 23(4) has been repealed by Act No. 57 of 2000, and section 23(3) which defined “growing crops” has been repealed and replaced by the said Act No. 57 of 2000.
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LAWS OF TRINIDAD AND TOBAGO
66 Chap. 11:02 Summary Offences [Subsidiary] Definition of Growing Crops Order
Gourds, Pumpkins and Melons Watermelon Christophine Pumpkin Jinghi Squash Nenwah Musk melon Karilla Lowki _
Leaf and Stem Vegetables Poi Spinach Cabbage Bhaji Spinach Kale Swiss Chard Cauliflower Patchoi Khol Rabi Mustard
Salads Lettuce Celery Water Cress
Fruit Vegetables Okro Hot Pepper Sweet Pepper
Seasonings, Flavourings
Onion Japanese bunch onion Shallot Thyme Chive Mint Coriander Parsley Turmeric Ginger Sorrel Black Pepper
Oil Producing Crops
Groundnut Sesame (Bene)
Fibre Crops
Sisal Sansevieria Manila Hemp
Fodder Guatemala Grass Glyricidia Elephant Grass Pangola Grass Guinea Grass Locuntu Grass Para Grass Toco Grass Tropical Kudzu
SCHEDULE—Continued
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 67 Definition of Growing Crops Order [Subsidiary]
Other Crops
Mango Pomerac Shaddock Golden Apple Portugal Mammey Apple Tangerine Cashew Mandarin Pineapple Soursop Guava Star Apple Custard Apple Sapodilla Pewa Chenet Tamarind Granadilla Grape Chataigne Balata Jamaica Plum Gooseberry Governor Plum Sugar Apple Papaw Rubber
} Citrus
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LAWS OF TRINIDAD AND TOBAGO
68 Chap. 11:02 Summary Offences [Subsidiary]
SCHEDULE The City of Port-of-Spain, the City of San Fernando and the Borough of
Arima.
The Town of Scarborough being the area which is delineated in the plan signed by Edward R. Smart, Esquire, Engineer-in-Charge of Surveys, dated the
RG 5.9.40.
*223/1951.
Citation.
Areas declared towns.
G. 28.10.20.
G. 20.3.23.
*This Order is a consolidation of the following Orders published in Gazettes dated 28.10.20; 20.3.23; 29.3.23; 11.12.24; 1925 Vol. II at pages 1228 and 1229; 18.5.33 and Proclamations 95 of 1918; 16 of 1923; 14 of 1927; 1 of 1931; 18 of 1931; 19 of 1932; 35 of 1932; 24 of 1933; 10 of 1934 and 31 of 1934 and GN 223/1951.
KITE FLYING PROHIBITION DECLARATION ORDER
made under section 71
The following area is declared by the Minister to be an area to which section 71 of the Act applies:
The area extending for a distance of 300 yards on either side of any cable wire or line (not being a subterranean cable, wire or line) which is now used, or may hereafter be used, anywhere in Trinidad and Tobago for transmitting telephonic or telegraphic communications or for conveying, transmitting or distributing electricity.
SWINE PROHIBITION (DECLARATION OF TOWNS) ORDER
made under section 76 of the Act and section 2 of the Town and Villages (Definition) Act (Chapter 26:02)
1. This Order may be cited as the Swine Prohibition (Declaration of Towns) Order.
2. The areas described in the Schedule are declared to be towns for the purposes of section 76 of the Act.
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 69 Swine Prohibition (Declaration of Towns) Order [Subsidiary]
G. 11.12.24.
G. 29.3.23.
5th day of August 1910, and deposited in the District Revenue Office, Tobago and the State Lands Office, Port-of-Spain, and comprised within the boundary lines marked thereon by the letters A to O running in alphabetical order from point A to point O and from A to A, and is bounded as follows:
The Northern boundary commences at point K and runs in a straight line to point L at the northern side of the first bridge on the Northside Main Road, and thence along the North bank of Cook’s River to the point M, thence in a south-easterly direction to meet Rose Hill Street at point N, and thence along the North side of Rose Hill Street to its junction with the Calder Hall Main Road at the point O.
The Eastern boundary commences at point O and runs in a southerly direction along the western side of the Calder Hall Main Road, and the eastern side of the old Park and Fort Main Roads terminating at point A.
The Southern boundary commences at the junction of the Fort Main Road and Mackay Hill Street at a point marked A on plan, thence runs along the south side of Mackay Hill Street to point B, thence to point C, thence along a line through Sans Souci to the Windward Main Road at point D, thence to point E and thence along the centre of the ravine to the sea at point F.
The Western boundary commences at the sea at point F and runs in a north-westerly direction along the sea coast to point G, thence along the south-western boundary of the Customs premises and the jetty to point H, thence along the sea to the west of the Customs premises to the point I, thence along the sea coast to the junction of the Plymouth Main Road at point J, thence along the eastern side of the Plymouth Main Road to point K.
The village of Roxborough, being the area bounded as follows: NORTH—By a line joining the Eastern and Western boundaries, and
EAST—By a line running a quarter of a mile due North from the sea and crossing the 171/2 mile post on the Windward Road.
SOUTH—By the sea.
WEST—By a line running from the sea along the Roxborough-Parlatuvier Road to the 1/4 mile post on the last named road.
The old village of La Brea, being the area bounded as follows:
NORTH—By the sea.
EAST—By Point d’Or Estate.
SOUTH—By Belle Vue and Point d’Or Estate, as delineated in the plan filed in the District Revenue Office, La Brea.
WEST—By Brighton Estate.
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LAWS OF TRINIDAD AND TOBAGO
70 Chap. 11:02 Summary Offences [Subsidiary] Swine Prohibition (Declaration of Towns) Order
1925 Vol. II. [24/1933].
The new village of La Brea, being the area bounded as follows: NORTH—By the sea, as delineated in the plan filed in the District Revenue Office, La Brea.
EAST, SOUTH and WEST—By Brighton Estate.
St. Joseph and Tunapuna, being the area bounded as follows: NORTH—By a line beginning at the junction of the eastern boundary of the St.Ann’s Ward with the northern boundary of the Buena Vista Estate and running east along their boundary across the St. Joseph River to the Maracas Road, thence south-east along the Maracas Road to the St. Joseph River, thence along the course of the St. Joseph River to Richmond Street in the Town of St. Joseph; thence in an easterly direction across lands of Santa Margarita Estate; thence along the northern boundary of the lands of Jessie McLeod; thence through unalienated lands of the Santa Margarita and Santa Rita Estates, in a line with the northern boundary of the Whinfield Estate to the Tunapuna River; thence north along the course of the Tunapuna River to a point west of the Tunapuna Reservoir; thence along a line running east and passing north of the Tunapuna Reservoir to the El Dorado Road.
EAST—By a line commencing from the point where the northern boundary of the district meets the El Dorado Road, proceeding south along the El Dorado Road to its junction with the Eastern Main Road; thence east along the Eastern Main Road to its junction with Back Street; thence south along Back Street and El Dorado Estate boundary to the Government Railway.
SOUTH—By a line commencing at the point where the eastern boundary of the St. Ann’s Ward crosses the Trinidad Government Railway proceeding eastward along the Trinidad Government Railway to the eastern boundary of the Experimental Station; thence south along the eastern boundary of the Experimental Station until it meets the south-western corner of lot 39, Curepe Village; thence along the road forming the southern boundary of this lot to the Southern Main Road, thence along the Southern Main Road in a southerly direction to Bushe Street, thence eastwards along Bushe Street to Evans Street, thence along Evans Street in a southerly direction to Watts Road, thence along Watts Road in an easterly direction until it meets the Streatham Lodge Road, thence northwards along the Streatham Lodge Road until it meets the St. Augustine Circular Road, thence eastwards along the St. Augustine Circular Road and Ramdehal Lane to the western boundary of the Streatham Lodge Estate; thence along a line due east to meet the eastern boundary of the Streatham Lodge Estate; thence along the eastern boundary of Streatham Lodge Estate, in a northerly direction, to the Trinidad Government Railway, then eastward along the Trinidad Government Railway to the western boundary of the El Dorado Estate.
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 71 Swine Prohibition (Declaration of Towns) Order [Subsidiary]
1925 Vol. II [Proc. 16 of 1923].
1925 Vol. II.
WEST—By the eastern boundary of the St. Ann’s Ward.
Couva being the area bounded as follows: NORTH—By a line from the north-western corner of the Anglican Church land running in an easterly direction to the sign-board or monument on the Southern Road near the 27th mile post.
EAST—By a line from the sign-board or monument near the 27th mile post on the Southern Road running south along Isaac Street, thence to Couva River.
SOUTH—By a line from the sign-board or monument near the 281/2 mile post on the Southern Road running in a south-easterly direction to the Couva River.
WEST—By a line from the north-western corner of the Anglican Church lands running south to the signboard or monument near the 281/2 mile post on the Southern Road.
Princes Town being the area bounded as follows: NORTH—By the southern boundary of the Malgretoute Estate from the point where it leaves the eastern boundary of the Cedar Hill Estate to the old Cipero tramline, thence along the old Cipero tramline to the Glenroy Estate boundary on the Naparima-Mayaro Road, thence along the southern boundary of the Glenroy Estate to the north-western corner of the Birken Hill Estate which now forms part of the Buen Intento Estate.
EAST—By the western boundary of the said Birken Hill Estate to the north-west corner of the Knollys Recreation Ground, thence along the northern and eastern boundaries of the said Knollys Recreation Ground, and the southern boundary of the said Birken Hill Estate to the western boundary of the Craignish Estate and along the western boundary of the said Craignish Estate to the Naparima-Mayaro Road and along that road in a south-westerly direction to the western boundary of the Broomage Estate and along that boundary to where it meets the eastern boundary of the Lothians Estate, thence in a straight line running in a more or less south-westerly direction to the south-eastern corner of the Navette Public Burial Ground.
SOUTH—By the northern boundary of the Lothians Estate from the south-eastern corner of the Navette Public Burial Ground to the south-eastern corner of the Cedar Hill Estate.
WEST—By the eastern boundary of the Cedar Hill Estate from its south-eastern corner to the point where it meets the Malgretoute Estate.
Sangre Grande being the area bounded as follows: NORTH—By a line drawn from the north-eastern boundary of block of 15a. lr. 8p. of land, the property of the Heirs of C. F. Sellier, crossing the Warner or Cuare Road and running in a westerly direction along the northern boundary of the said block and the northern boundary of lands of Rampersad, Jeebodh and Sookaie to the Picton Trace.
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LAWS OF TRINIDAD AND TOBAGO
72 Chap. 11:02 Summary Offences [Subsidiary] Swine Prohibition (Declaration of Towns) Order
EAST—By a line drawn from the Cunapo River along the eastern boundary of a ten-acre block of land formerly the property of A. Brooks, now of the Heirs of C. F. Sellier, crossing the Sangre Grande-Oropuche Road and along the eastern boundary of a six-acre block of land formerly the property of P. Ojoe, now of the Heirs of C. F. Sellier, and thence in a northerly direction to the northern boundary of the lands of J. Ojoe now F. Cumberbatch, thence in a westerly direction to the south-eastern corner of a 3a. 0r. 37p. block of land the property of the Heirs of C. F. Sellier, thence running north along the eastern boundary of the said 3a. 0r. 37p. block of land and lands of M. Warner, now of Philip Acham, and lands of Heirs of C. F. Sellier (15a.1r. 8p.) to the north-eastern boundary of the said block of land.
SOUTH—By the Cunapo River.
WEST—By a line drawn along the Picton Trace to the Eastern Main Road, and thence in a straight line running south to the Cunapo River.
Peru Village in the Ward of Diego Martin, County of St. George, being the area bounded as follows: NORTH—By a line running through “Dundonald Hill House” due east and west from the Maraval River to the Fort George Road.
EAST—By the Maraval River.
SOUTH—By the sea.
WEST—By the Extravaganza Estate and the Fort George Road.
The village of Success (Laventille), San Juan and Barataria in the Ward of St. Ann’s, County of St. George, being the area bounded as follows: NORTH—By a line running parallel to and 50 yards north of the Eastern Main Road and commencing at the eastern boundary of the Eastern Government Quarry to a point 50 yards west of the Saddle Road thence by a line parallel to and 50 yards west of the Saddle Road to the Reserved Road north of the C.M.I. School thence in a straight line across the San Juan River to the western end of Campo Street and thence by Campo Street to Hislop Street.
EAST—By Hislop Street to a point due west of the south-western corner of lands of Rouget and Boissière thence by a straight line to the above-mentioned corner, thence by Irving Street to the Eastern Main Road and by a line due south to a point 50 yards south of the Trinidad Government Railway.
SOUTH—By a line running parallel to and 50 yards south of the Trinidad Government Railway from the last-mentioned point to a point due south of the eastern boundary of the Eastern Government Quarry.
WEST—From the last-mentioned point by a line running due north to a point on the eastern boundary of the Eastern Government Quarry 50 yards north of the Eastern Main Road.
Proc. 54 of 1921.
G. 2.6.27.
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LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 73 Swine Prohibition (Declaration of Towns) Order [Subsidiary]
The Borough of Chaguanas in the Ward of Chaguanas, County of Caroni, being the area bounded as follows: NORTH—By lands of Endeavour Estate and Woodford Lodge Savannah.
EAST—By Endeavour Estate.
SOUTH—By Perseverance Estate.
WEST—By Woodford Lodge and Perseverance Estates.
The village of Sainte Madeleine in the Ward of Naparima, County of Victoria, being the area bounded as follows: NORTH—By Ne Plus Ultra Estate.
EAST—By Sainte Madeleine Estate.
SOUTH—By Cipero River.
WEST—By Corinth Estate.
The village of Siparia in the Ward of Siparia, County of St. Patrick, being the area comprised within two lines running parallel to the San Fernando-Siparia-Erin Road and being respectively a quarter of a mile north and a quarter of a mile south of the said road from the 93/4 mile post to the 111/4 mile post.
The area lying outside the City of Port-of-Spain and bounded as follows: NORTH—By a due west line drawn from the last-mentioned point on the St. Ann’s River and extended to the Maraval River.
EAST—By a due north and south line, one-quarter mile east of the eastern boundary of the City of Port-of-Spain, drawn from the sea and extended till it meets the St. Ann’s River.
SOUTH—By the sea.
WEST—By the Maraval River.
The area lying outside the City of San Fernando and bounded as follows: NORTH—By a line beginning from the sea and running parallel to the northern boundary of the City of San Fernando and half a mile therefrom.
EAST—By a line running parallel to the eastern boundary of the City of San Fernando and half a mile therefrom.
SOUTH—By a line beginning from the sea and running parallel to the southern boundary of the City of San Fernando and three-quarters of a mile therefrom.
WEST—By the sea.
G. 2.6.27.
Proc. 1 of 1931.
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LAWS OF TRINIDAD AND TOBAGO
74 Chap. 11:02 Summary Offences [Subsidiary] Swine Prohibition (Declaration of Towns) Order
Bonasse Village in the Ward of Cedros, bounded as follows: NORTH—By the sea, starting from the eastern boundary of the Perseverance Estate and running along the sea coast in a more or less easterly direction for the distance of 4,800 feet.
EAST—Thence by a line running in a more or less southerly direction for a distance of 2,500 feet.
SOUTH—Thence by a line running in a more or less westerly direction until it meets the eastern boundary of the Perseverance Estate at a point 1,320 feet from the sea.
WEST—By the eastern boundary of the Perseverance Estate to the sea.
The two areas in the St. Ann’s-Tacarigua district hereunder described— (1) The area bounded as follows:
NORTH—By a line 200 yards north of and parallel to the Eastern Main Road.
EAST—By a line running north and south through the 41/4 mile post on the Eastern Main Road.
SOUTH—By a line 200 yards south of and parallel to the Eastern Main Road.
WEST—By the eastern boundary of the City of Port-of-Spain.
(2) The area bounded as follows: NORTH—By a line running east and west through the junction of the La Canoa and Saddle Roads.
EAST—By a line 100 yards east of and parallel to the Saddle Road.
SOUTH—By a line crossing the Saddle Road 200 yards north of and parallel to the Eastern Main Road.
WEST—By a line 100 yards west of and parallel to the Saddle Road, and also the area contained between the Santa Cruz Old Road and the line 100 yards east of and parallel to the Saddle Road.
The area in the St.Ann’s-Tacarigua Rural Sanitary district bounded as follows: NORTH—By a line running due east from the north-eastern boundary of the Town of Tunapuna.
EAST—By a line running due north from the point on the northern side of the Eastern Main Road opposite the junction of that road with Back Street.
SOUTH—By the Eastern Main Road.
WEST—By the El Dorado Road.
Proc. 18 of 1931.
Proc. 19 of 1932.
Proc. 35 of 1932.
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 75 Swine Prohibition (Declaration of Towns) Order [Subsidiary]
The area surrounded by a line beginning on the seashore at the south-west corner of the suburbs of Port-of-Spain and running in a westerly direction along the sea till it meets the line running due south through the bridge on the Western Main Road over the Diego Martin River, then running along the due north and south line through the above-mentioned bridge till it meets a line running due east and west and a half mile north of the junction of the Western Main, Diego Martin and Morne Coco Roads, then running due east till it reaches a point due north of Fort George Trigonometrical Station, then running due south till it meets Fort George Trigonometrical Station, then running along Fort George Road till it meets the north-western corner of the suburbs of Port-of-Spain, then running along the western boundary of the suburbs of Port-of-Spain till it meets the sea.
The area bounded as follows: NORTH—By an east and west line running through the junction of the Saddle and Perseverance Roads.
EAST—By a line running parallel to and one-third mile from and east of the Saddle Road.
SOUTH—By an east and west line running through a point on the Saddle Road, half a mile, measured along the road, from and south of the junction of the said road with the Morne Coco Road.
WEST—By a line running parallel to and one-third mile from and west of the Saddle Road.
The area in the Marabella district of North Naparima, bounded as follows: NORTH—By the Guaracara River.
EAST—By a line quarter of a mile east of and parallel to the Southern Trunk Road from the Guaracara River to the Marabella River, thence by a line to meet the point where the Tarouba Road meets the South Trunk Road, thence by a line along the eastern side of the South Trunk Road to meet the Vistabella River.
SOUTH—By the Vistabella River.
WEST—By the sea.
Proc. 10 of 1934.
Proc. 31 of 1934.
223/1957.
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LAWS OF TRINIDAD AND TOBAGO
76 Chap. 11:02 Summary Offences [Subsidiary]
170/1956.
230/1947. [51/1980 121/1993].
Citation.
Pound charges.
Feeding charges. [121/1993].
DEFINITION OF ANIMAL ORDER
made under section 77
The President directs that horses, cattle, mules, asses and sheep be included in the definition of “animal” for the purposes of section 77.
DETENTION OF ANIMALS (SCALE OF CHARGES) REGULATIONS
made under section 89
1. These Regulations may be cited as the Detention of Animals (Scale of Charges) Regulations.
2. The following charges shall be paid when animals are handed over to the Pound Keeper:
$ For every horse, mare, gelding, colt, filly, ass, mule, bull,
cow, ox, steer, heifer or calf … … … 5.00 For every animal not above mentioned … … 3.00
3. The following charges shall be paid to cover the expenses of feeding per day:
$ For any horse, cow, ass, mule, filly, heifer, ox, steer, calf, bull,
colt, gelding or mare … … … 8.00 For every other poundable animal … … … 4.00 For any fowl, bird, etc. … … … … .50
Provided that a charge of $5.00 shall be made for every visit paid to any animal by a Government Veterinary Officer or other Veterinary Surgeon, and medicines or drugs prescribed by him shall be charged for at their actual cost.
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LAWS OF TRINIDAD AND TOBAGO
Summary Offences Chap. 11:02 77 [Subsidiary]
GUIDE FEES NOTIFICATION
made under section 93
The fee to be charged in respect of each person directed and accompanied by a guide or a conducted tour of the Botanic Gardens shall not exceed five dollars.
FIREWORKS PERMITS REGULATIONS
made under section 101
1. These Regulations may be cited as the Fireworks Permits Regulations.
2. The Commissioner of Police or any Superintendent of Police authorised by him in writing may grant to any person or persons a written permission prescribing the time, place and conditions at or on which such person or persons may throw, cast, set fire to or let off any firework or fireworks in a town. The Commissioner or Superintendent of Police so granting permission may at any time cancel or vary such permission.
3. Applications must be made in writing forty-eight hours previous to the time applied for.
4. The application must contain particulars of the description of fireworks intended to be thrown, cast, set fire to or let off, and of the particular locality in the town in which such fireworks are intended to be thrown, cast, set fire to or let off.
G. 24.10.46. [51/1980].
G. 13.1.46.
Citation.
Grant of permission.
Terms of application.
Particulars of application.
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